ANTISLAVERY  MEASURES  IN  CONGRESS. 


HISTORY 


OF   THE 


ANTISLAYERY    MEASURES 


THIRTY- SEVENTH  AND   THIRTY-EIGHTH 
UNITED-STATES   CONGRESSES, 

1861-64. 


BY  HENRY  WILSON, 
\\ 


BOSTON: 
WALKER,    WISE,    AND    COMPANY, 

245,  WASHINGTON  STREET. 

1864 


£453 


Entered,  according  to  Act  of  Congress,  in  the  year  186-1,  by 

WALKER,    WISE,    AND    COMPANY, 
In  the  Clerk's  Office  of  the  District  Court  of  the  District  of  Massachusetts. 


BOSTON: 

STEREOTYPED  AND  PRINTED  BY  .JOHN  WILSON  AXD  SON, 
No.  6,  Water  Street. 


PREFACE. 


SINCE  the  adoption  of  the  Federal  Constitution,  ques 
tions  pertaining  to  slaves  and  slavery  have  often  been 
pressed  upon  the  Congress  of  the  United  States.  Those 
questions,  generally,  originated  by  the  slaveholding 
class,  have,  down  to  the  4th  of  March,  1861,  almost 
uniformly  resulted  in  the  success  of  measures  tending 
to  the  perpetuity  and  extension  of  slavery,  and  to  the 
increase  of  its  influence  over  the  National  Government. 
Since  the  breaking-out  of  the  Rebellion,  the  exigencies 
of  the  nation  have  forced  upon  the  37th  and  38th  Con 
gresses  the  consideration  of  a  series  of  antislavery 
measures.  These  measures,  so  comprehensive  in  their 
scope  and  character,  cannot  fail  to  have  a  lasting  in 
fluence  upon  the  future  of  the  country.  I  have  sought, 
in  this  volume,  to  narrate,  with  brevity,  fairness,  and 
impartiality,  the  history  of  the  antislavery  legislation 
of  Congress  during  the  past  three  years  of  civil  war. 
In  tracing  the  words  of  the  actors  in  these  great  meas 
ures  of  legislation,  I  have  endeavored  faithfully  to  give 

their  ideas,  or  to  quote  their  words,  so  as  to  present  to 

a*  rvl 


M181957 


VI  PREFACE. 


the  reader  their  position,  feelings,  and  opinions.  Trust 
ing  that  I  have  not  wholly  failed  in  my  endeavors  to 
record  with  fidelity  this  antislavery  legislation,  I  present 
this  volume  to  the  public,  in  the  hope  that  it  will  be  of 
some  little  interest,  especially  to  those  who,  amid  years 
of  obloquy  and  reproach,  have  labored  and  hoped  for 
the  dawning  of  that  day,  when,  in  all  the  wide  circuit 
of  our  land,  "the  sun  will  not  rise  upon  a  master,  or 
set  upon  a  slave." 


CONTENTS. 


CHAPTER   I. 

SLAVES    USED    FOR   INSURRECTIONARY   PURPOSES    MADE 
FREE. 

Slaves  used  in  the  Rebel  Forces.  Mr.  Trumbnll's  Proposition  to  free  Slaves 
used  for  Military  Purposes.  Mr.  Trumbull's  Speech.  Mr.  Breckin- 
'  ridge's  Speech.  Mr.  Wilson's  Speech.  Mr.  Breckinridge's  Reply.  Mr. 
M'Dougall's  Speech.  Mr.  Ten  Eyck's  Speech.  Mr.  Pearce's  Speech. 
Adoption  of  Mr.  Trumbull's  Amendment  freeing  Slaves  used  for  Mili 
tary  Purposes.  Substitute  reported  by  the  Judiciary  Committee  of  the 
House.  Substitute  Rejected.  Mr.  Bingham's  Speech.  Mr.  Burnett's 
Speech.  Mr.  Crittenden's  Speech.  Mr.  Kellogg's  Speech.  Mr.  Cox's 
Motion  to  lay  the  Bill  on  the  Table.  Mr.  Pendleton's  Speech.  Mr. 
Stevens's  Speech.  Mr.  Diven's  Speech.  Mr.  Pendleton's  Motion  to 
recommit  the  Bill  carried.  Bill  reported  back  with  an  Amendment. 
Mr.  Holman's  Motion  to  lay  the  Bill-  on  the  Table.  Passage  of  the 
Bill pp.  1-16. 


CHAPTER  fl. 

FUGITIVE  SLAVES  NOT  TO  BE  RETURNED  BY  PERSONS  IN 
THE  ARMY. 

Surrender  of  Slaves  coming  within  the  Lines  of  the  Union  Armies.  Mr. 
Lovejoy's  Resolution.  Notice  of  a  Bill  by  Mr.  Wilson.  Mr.  Lpyejoy's 
Bill.  Mr.  Sumner's  Resolution.  Mr.  Cowan's  Speech.  Resolution  of 
Mr.  Wilson  of  Iowa.  Bill  of  Mr.  Wilson  of  Massachusetts.  Mr.  Wil 
son's  Bill  considered.  Mr.  Saulsbury's  Motion  to  postpone  indefinitely. 
Mr.  Collamer's  Amendment.  Mr.  Powell's  Speech.  Mr.  Collamer's 
Speech.  Mr.  Wilson's  Speech.  Mr.  Pearce's  Speech.  Mr.  Blair's  Bill 
to  make  an  additional  Article  of  War.  Mr.  BJngham's  Speech.  Mr. 
Vallandigham's  Motion  to  lay  the  Bill  on  the  Table.  Passage  of  the 
House  Bill.  Reported  by  Mr.  Wilson  in  the  Senate.  Mr.  Davis's 

[vii] 


Vlli  CONTENTS. 

Amendment.  Mr.  Saulsbury's  Amendment.  Mr.  M'Dougall's  Speech. 
Mr.  Howard's  Speech.  Passage  of  the  Bill.  Mr.  Wilson's  Resolution 
concerning  the  Surrender  of  Fugitives.  Mr.  Grimes's  Amendment. 
Mr.  Grimes's  Speech.  Mr.  Sumner's  Speech.  Mr.  Saulsbury's  Speech. 

pp.  17-37. 

CHAPTER    HI. 

THE    ABOLITION    OF    SLAVERY   IN    THE    DISTRICT    OF 
COLUMBIA. 

The  National  Capital.  Slavery.  Mr.  Wilson's  Resolution.  The  District 
Committee.  Mr.  Wilson's  Bill.  Mr.  Merrill's  Report,  with  Amend 
ments.  Mr.  Wilson's  Bill  to  repeal  the  Slave  Code.  Committee's 
Amendments  adopted.  Mr.  Merrill's  Amendments.  Mr.  Davis's  Amend 
ments.  Mr.  Doolittle's  Amendment.  Remarks  by  Mr.  Davis.  Mr. 
Hale.  Mr.  Doolittle.  Mr.  Pomeroy.  Mr.  Willey.  Mr.  Saulsbury. 
Mr.  King.  Mr.  Davis.  Mr.  Wilson.  Mr.  Kennedy.  Mr.  Saulsbury. 
Mr.  Harlan.  Mr.  Wilkinson.  Mr.  Saulsbury's  Amendment.  Mr.  Sum- 
ner.  Mr.  Wright.  Mr.  Fessenden.  Mr.  Davis's  Amendment.  Mr. 
Clark's  Amendment.  Mr.  Willey 's  Amendment.  Mr.  Clark's  Amend 
ment.  Mr.  Davis.  Mr.  Morrill.  Mr.  M'Dougall.  Mr.  Sumner's 
Amendment.  Mr.  Wright's  Amendment.  Mr.  Browning's  Amend 
ment.  Mr.  Wilmot.  Mr.  Collamer's  Amendment.  Mr.  Doolittle's 
Amendment.-  Mr.  Powell.  Mr.  Bayard.  Passage  of  the  Bill.  House. 
Mr.  Stevens's  Motion.  Mr.  Thomas.  Mr.  Noxon.  Mr.  Blair.  Mr. 
Crittenden.  Mr.  Riddle.  Mr.  Fessenden.  Mr.  Rollins.  Mr.  Blake. 
Mr.  Van  Horn.  Mr.  Ashley.  Mr.  Hutchins.  Mr.  Wright's  Amend 
ment.  Mr.  Hickman.  Mr.  Wadsworth.  Mr.  Harding's  Amendment. 
Mr.  Train's  Amendment.  Mr.  Lovejoy.  Mr.  AVickliflfe's  Amend 
ment.  Mr.  Holman's  Amendment.  Mr.  Cox.  Mr.  Menzies'  Amendment. 
Passage  of  the  Bill pp.  38-78. 


CHAPTER    IV. 
THE  PRESIDENT'S  PROPOSITION  TO  AID  STATES  IN  THE 

ABOLISHMENT    OF    SLAVERY. 

The  President's  Special  Message.  Mr.  Roscoe  Conkling's  Resolution.  Mr. 
Richardson's  Speech.  Mr.  Bingham's  Speech.  Mr.  Voorhees'  Speech. 
Mr.  Mallory's  Speech.  Mr.  Wickliffe's  Speech.  Mr.  Diven's  Speech.  Mr. 
Thomas's  Speech.  Mr.  Biddle's  Speech.  Mr.  Crisfield's  Speech. 
Mr.  Olin's  Speech.  Mr.  Crittenden's  Speech.  Mr.  Fisher's  Speech.  Mr. 
Hickman's  Speech.  Passage  of  the  Bill  in  the  House.  In  the  Senate, 


CONTENTS.  IX 

the  Resolution  reported  without  Amendment  by  Mr.  Trumbull.  Mr.  Sauls- 
bury's  Speech.  Mr.  Davis's  Amendment.  Mr.  Sherman's  Speech.  Mr. 
Doolittle's  Speech.  Mr.  Willey's  Speech.  Mr.  Browning's  Speech. 
Mr.  M'Dougall's  Speech.  Mr.  Powell's  Speech.  Mr.  Latham's  Speech. 
Mr.  Merrill's  Speech.  Mr.  Henderson's  Amendment,  Mr.  Sherman's 
Speech.  Passage  of  the  Resolution pp.  79-91. 


CHAPTER  V. 

THE    PROHIBITION    OF    SLAVERY    IN    THE    TERRITORIES. 

Mr.  Arnold's  Bill.  Mr.  Lovejoy's  Report.  Motion  to  lay  the  Bill  on  the 
Table.  Mr.  Lovejoy's  Substitute.  Remarks  of  Mr.  Cox.  Mr.  Diven. 
Mr.  Olin.  Mr.  Crisfield.  Mr.  Kellej-.  Mr.  Sheffield.  Mr.  Stevens. 
Mr.  Thomas.  Mr.  Bingham.  Mr.  Fisher.  Passage  of  the  Bill  in  the 
House.  In  the  Senate.  Mr.  Browning's  Report.  Mr.  Browning's 
Amendment.  Mr.  Carlile's  Speech.  Mr.  Wade's  Speech.  Passage  of 
the  Bill  as  amended.  Amendment  of  the  Senate  concurred  in. 

pp.  92-109. 

CHAPTER  VI. 

CERTAIN  SLAVES  TO  BE  MADE  FREE. 

Mr.  Pomeroy's  Bill.  Mr.  Trumbull's  Bill.  Mr.  Morrill's  Joint  Resolution. 
Report  of  the  Judiciary  Committee.  Mr.  Sumner's  Amendment.  Mr. 
Sherman's  Amendment.  Remarks  of  Mr.  Willey.  Mr.  Hale's  Reply. 
Mr.  Harris's  Amendment.  Remarks  of  Mr.  Howard.  Mr.  Collamer's 
Amendment.  Motion  to  refer  to  a  Select  Committee.  Remarks  of  Mr. 
Wilmot.  Mr.  WiNon's  Amendment.  Mr.  ( 'olhuner.  ."Motion  to  refer 
to  ;i  Select  Committee  by  .Mr.  Clark.  R-m.-irks  of  Mr  IJjil,-.  Mr.  \Vil- 
son's  Reply.  Select  Committee.  Mr.  Clark's  Report.  Mr.  Sumner's 
Amendment.  Mr.  Davis's  Amendment.  Mr.  Saulsbury's  Amendment. 
Mr.  Wilson's  Amendment.  Mr.  Clark's  Amendment.  Mr.  Sumner's 
Amendment.  Passage  of  the  Bill.  House.  Mr.  Eliot's  Resolution. 
Mr.  Roscoe  Conkling's  Amendment.  Mr.  Campbell's  Resolution.  Mr. 
Stevens's  Resolution.  Mr.  Conway's  Resolution.  Bills  referred  to  Judi 
ciary  Committee.  Mr.  Hickman's  Report.  Mr.  Bingham's  Substitute. 
Mr.  Porter's  Amendment.  Mr.  Eliot's  Report.  Bill  defeated.  Recon 
sideration.  Recommitted  on  Motion  of  Mr.  Porter.  Reported  back  by 
Mr.  Eliot.  Mr.  Clark's  Amendment.  Senate  Amendment  lost  in  the 
House.  Senate  Conference  Committee.  House  Conference  Committee. 
Report  of  Conference  Committee.  Mr.  Clark's  Senate  Amendment 
adopted _ pp.  110-174. 


X  CONTENTS. 

CHAPTER  VH. 

HATTI   AND    LIBERIA. 

Mr.  Sumner's  Bill  to  authorize  the  Appointment  of  Diplomatic  Repre 
sentatives  to  Hayti  and  Liberia.  Mr.  Sumner's  Speech.  Mr.  Davis's 
Amendment.  Mr.  Davis's  Speech.  Passage  of  the  Bill.  The  Bill 
reported  in  the  House.  Mr.  Gooch's  Speech.  Mr.  Cox's  Amendment. 
Mr.  Cox's  Speech.  Mr.  Riddle's  Speech.  Mr.  Kelley's  Speech.  Mr. 
M'Knight's  Speech.  Mr.  Eliot's  Speech.  Mr.  Thomas's  Speech. 
Mr.  Fessenden's  Speech.  Mr.  Maynard's  Speech.  Mr.  Crittenden's 
Speech.  Passage  of  the  Bill pp.  175-183. 

CHAPTER  Vni. 

EDUCATION    OF    COLORED    YOUTH    IN    THE    DISTRICT    OF 
COLUMBIA. 

Mr.  Grimes's  Bill.  Mr.  Grimes's  Report.  Mr.  Wilson's  Amendment.  Re 
marks  of  Mr.  Wilson.  Passage  of  the  Bill.  Bill  reported  in  the  House 
by  Mr.  Rollins.  Passage  of  the  Bill.  Mr.  Lovejoy's  Bill.  Reported  by 
Mr.  Fessenden.  Passage  of  the  Bill.  Bill  reported  in  the  Senate  by  Mr. 
Grimes.  Passage  of  the  Bill.  Mr.  Wilson's  Bill.  Reported  from  the 
District  Committee.  Remarks  by  Mr.  Carlile.  Mr.  Grimes.  Mr.  Davis. 
Mr.  Morrill.  Passage  of  the  Bill  in  the  Senate.  Passage  in  the  House. 
Mr.  Wilson's  Bill.  Mr.  Grimes's  Bill.  Passage  in  the  Senate.  Mr. 
Patterson's  Substitute.  Passage  of  the  Bill.  ...  pp.  184-194. 

CHAPTER    IX. 

THE    AFRICAN    SLAVE-TRADE. 

The  Treaty  between  the  United  States  and  Great  Britain  for  the  Suppression 
of  the  Slave-trade.  Mr.  Sumner's  Bill.  Remarks  of  Mr.  Saulsbury. 
Passage  of  the  Bill.  Mr.  Foster's  Bill.  Passage  of  the  Bill. 

pp.  195-197. 
CHAPTER   X. 

ADDITIONAL    ACT    TO    ABOLISH    SLAVERY    IN    THE    DISTRICT 
OF    COLUMBIA. 

Mr.  Wilson's  Bill.  Reported  back  with  Amendments  by  Mr.  Grimes.  Mr. 
Grimes's  Speech.  Mr.  Wilson's  Speech.  Committee's  Amendments. 
Mr.  Sumner's  Amendment.  Passage  of  the  Bill.  Bill  in  the  House. 
Remarks  of  Mr.  Wickliffc.  Motion  to  lay  on  the  Table  by  Mr.  Cox. 
Remarks  by  Mr.  Crisfield.  Passage  of  the  Bill.  .  pp.  198-202. 


CONTENTS.  XI 

CHAPTER  XL 

COLORED    SOLDIERS. 

Mr.  Wilson's  Bill.  Mr.  Grimes's  Amendment.  Remarks  of  Mr.  Saulsbury. 
Mr.  Carlile.  Mr.  King's  Amendment.  Mr.  Sherman's  Speech.  Mr. 
Fessenden's  Speech.  Mr.  Rice's  Speech.  Mr.  Wilson's  Speech.  Mr. 
Davis's  Amendment.  Mr.  Collamer's  Speech.  Mr.  Ten  Eyck's  Speech. 
Mr.  King's  Speech.  Mr.  Henderson's  Amendment.  Mr.  Sherman's 
Amendment.  Mr.  Browning's  Amendment.  Mr.  Lane's  Speech.  Mr. 
Harlan's  Speech.  Mr.  Wilson's  Bill.  Remarks  by  Mr.  Sherman. 
Mr.  Lane.  Speech  of  Mr.  Howard.  Mr.  Sherman's  Amendment.  Mr. 
Browning's  amendment.  Remarks  of  Mr.  Henderson.  Mr.  Wright. 
Mr.  Doolittle.  Mr.  Powell.  Passage  of  the  Bill.  Mr.  Stevens's  Amend 
ment.  Remarks  of  Mr.  Clay.  Mr.  Boutwell.  Mr.  Davis's  Amendment. 
Mr.  Mallory's  Speech.  Mr.  Webster's  Amendment.  Mr.  Scofield's 
Speech.  Mr.  Wood's  Speech.  Mr.  Whalley's  Amendment.  Mr.  Ste 
vens's  Amendment  adopted.  Conference  Committee.  Report  adopted. 

pp.  203-223. 

CHAPTER  XII. 

AID    TO    THE    STATES    TO    EMANCIPATE    THEIR    SLAVES. 

Mr.  Wilson's  Joint  Resolution.  House  Committee  on  Emancipation.  Mr. 
White's  Bill.  Mr.  Wilson's  Resolution.  Mr.  Henderson's  Bill.  Mr.  Noell's 
Bill.  Mr.  White's  Report.  Remarks  of  Mr.  Clements.  Mr.  Wickliffe. 
Mr.  Noell.  Passage  of  the  Bill.  House  Bill  reported  by  Mr.  Trumbull. 
Remarks  of  Mr.  Henderson.  Mr.  Wilson's  Amendment.  Remarks  of 
Mr.  Fessenden.  Mr.  Trumbuil.  Mr.  Foster.  Mr.  Wilson.  Mr.  Sher 
man.  Mr.  Cowan.  Mr.  Bayard.  Mr.  Clark.  Mr.  Lane  of  Kansas. 
Mr.  Morrill.  Mr.  Wilson's  Amendment.  Mr.  Grimes's  Speech.  Mr. 
Kennedy's  Speech.  Mr.  Harris's  Report.  Mr.  Wilson  of  Missouri. 
Mr.  Wall's  Speech.  Mr.  Richardson's  Amendment.  Mr.  Collamer's 
Amendment.  Mr.  Sumner's  Amendment.  Remarks  of  Mr.  Powell.  Mr. 
Sumner's  Amendment.  Mr.  Sumner's  Speech.  Passage  of  the  Bill  as 
amended.  Mr.  White's  Report  in  the  House.  Bill  referred  to  Commit 
tee  of  the  Whole pp.  224-248. 

CHAPTER  XIII. 

AMENDMENT    OF   THE    CONSTITUTION. 

Mr.  Ashley's  Bill.  Mr.  Wilson's  Joint  Resolution.  House  Committee  on 
the  Judiciary.  Mr.  Henderson's  Joint  Resolution.  Mr.  Sumner's  Resolu 
tion.  Mr.  Henderson's  Amendment  reported  with  an  Amendment. 


Xii  CONTENTS. 

Remarks  of  Mr.  Trumbull.  Mr.  Wilson.  Mr.  Davis's  Amendment.  Re 
marks  of  Mr.  Saulsbury.  Mr.  Clark.  Mr.  Howe.  Mr.  Johnson.  Mr. 
Davis's  Amendments.  Mr.  Powell's  Amendment.  Remarks  of  Mr. 
Harlan.  Mr.  Hale.  Mr.  M'Dougall.  Mr.  Hendricks.  Mr.  Hender 
son.  Mr.  SuVnner.  Mr.  Sumner's  Amendment.  Remarks  of  Mr. 
Trumbull.  Mr.  Howard.  Passage  of 'the  Joint  Resolution  in  the  Sen 
ate.  Mr.  Morris's  Speech.  Remarks  of  Mr.  Herrick.  Mr.  Kellogg.  Mr. 
Pruyn.  Mr.  Wood.  Mr.  Higby.  Mr.  Wheeler's  Amendment.  Mr. 
Kellogg  of  Michigan.  Mr.  Ross.  Mr.  Holman.  Mr.  Thayer.  M^.  Mai- 
lory.  Mr.  Ingersoll.  Mr.  Pendleton's  Amendment.  Joint  Resolution 
defeated.  Mr.  Ashley's  Motion  to  reconsider.  .  .  pp.  249-^72. 

CHAPTER  XIV. 

REPEAL    OF    FUGITIVE-SLAVE    LAWS. 

Mr.  Howe's  Bill.  Mr.  Wilmpt's  Bill.  Mr.  Wilson's  Bill.  Mr.  Stevejns's  Bill. 
Mr.  Ashley's  Bill.  Mr.  Julian's  Bill.  Special  Committee  oa  Slavery. 
Mr.  Sumner's  Bill  and  Report.  Mr.  Foster's  Speech.  Mr.  Sherman's 
Amendment.  Mr.  Johnson's  Speech.  Mr.  Sumner's  Speech.  Mr.  Sauls- 
bury's  Amendment.  Mr.  Brown's  Speech.  Mr.  Howard's  Amendment. 
Remarks  of  Mr.  Conness.  Mr.  Morris's  Bill.  Remarks  of  Mr.  Mallory. 
Mr.  Morris.  M.  Wilson.  Mr.  Pendleton.  Mr.  King.  Mr.  Cox.  Mr. 
Hubbard.  Mr.  Farnsworth.  Passage  of  Mr.  Morris's  Bill  in  the  House. 
Mr.  Morris's  Bill  reported  by  Mr.  Sumner.  Mr.  Salisbury's  Amend 
ment.  Mr.  Johnson's  Amendment.  Passage  of  the  Bill. 

pp.  273-292. 

CPIAPTER  XV. 

PAY    OF    COLORED    SOLDIERS. 

Mr.  Wilson's  Bill.  Mr.  Grimes's  Amendment.  Mr.  Wilson's  Joint  Res 
olution.  M.  Conness's  Amendment.  Remarks  of  Mr.  Fessenden. 
Mr.  Wilson.  Mr.  Foster.  Mr.  Sumner.  Mr.  Johnson.-  Mr.  Grimes. 
Mr.  Howe.  Mr.  Wilson.  Mr.  Grimes.  Mr.  Cowan's  Amendment.  Mr. 
Sumner's  Amendment.  Mr.  Wilson's  Amendment.  Mr.  Doolittle's 
Amendment.  Mr.  Sumner's  Amendment  to  Mr.  Cowan's  Amendment. 
Mr.  Wilson's  Amendment.  Remarks  of  Mr.  Clark.  Mr.  Davis's  Amend 
ment.  Mr.  Collamer's  Amendment.  Remarks  of  Mr.  Foot.  •  Mr.  Sum 
ner's  Amendment.  Remarks  of  Mr.  Wilkinson.  Mr.  Wilson.  Mr. 
Howard.  Mr.  Johnson.  Mr.  Fessenden.  .Mr.  Wilson's  Bill.  Mr. 
Davis's  Amendment.  Passage  of  the  Bill.  Mr.  Wilson's  Amendment 
to  the  Army  Appropriation  Bill.  Mr.  Stevrns's  Amendment.  Remarks 
of  Mr.  Holman.  Mr.  Price.  Mr.  Holman's  Amendment.  Conference 
Committees.  Report  accepted pp.  293-312. 


CONTENTS.  Xlll 

CHAPTER   XVI. 

TO     MAKE    FREE    THE    WIVES    AND    CHILDREN    OF    COLORED 
SOLDIERS. 

Mr.  Wilson's  Bill  to  promote  Enlistments.  Mr.  Powell's  Motion  to  strike 
out  the  Section  to  make  free  the  Mothers,  Wives,  and  Children  of  Col 
ored  Soldiers.  Mr.  Henderson's  Amendment.  Remarks  of  Mr  Grimes. 
Mr.  Wilkinson.  Remarks  of  Mr.  Johnson.  Mr.  Sherman's  Speech.  Mr. 
Carlile's  Speech.  Remarks  of  Mr.  Doolittle.  J\ir.  Brown's  Amendment. 
Mr.  Wilson's  Amendment.  Mr.  Wilkinson's  Amendment.  Remarks  of 
Mr.  Sherman.  Mr.  Grimes.  Mr.  Conness's  Motion  to  refer  the  Bill. 
Remarks  of  Mr.  Clark.  Mr.  Howard.  Mr.  Fessenden.  Mr.  Davis's 
Amendment.  Mr.  Wilkinson's  Speech.  Mr.  Wilson's  Joint  Resolution. 

pp.  313-327. 

CHAPTER  XVH. 

A    BUREAU    OF    FREEDMEX. 

Memorial  of  the  Massachusetts  Emancipation  League.  Mr.  Eliot's  Bill. 
Select  Committee  on  Emancipation.  Freedmen's  Bill  reported  by  Mr. 
Eliot.  Remarks  of  Mr.  Eliot.  Mr.  Cox.  Mr.  Cole.  Mr.  Brooks.  Mr. 
Kellev.  Mr.  Dawson.  Mr.  Price.  Mr.  Knapp.  Mr.  Pendleton.  Pas 
sage  of  Mr.  Eliot's  Bill.  Mr.  Sumner's  Bill.  Mr.  Eliot's  Bill  reported 
by  Mr.  Sumner,  with  an  Amendment.  Mr.  Sumner's  Speech.  Mr. 
Sumner's  Amendment  amended  and  adopted  in  the  Senate.  The  House 
postpone  the  Bill  to  the  next  Session pr.  328-33 J. 

CHAPTER  XVIII. 

RECONSTRUCTION    OF    REBEL    STATES. 

Mr.  Harlan's  Bill.  Mr.  Sumner's  Resolutions.  Mr.  Ashley's  Bill.  Mr. 
Harris's  Bill.  Mr.  Winter  Davis's  Resolution.  Select  Committee  on 
Reconstruction.  Mr.  Davis's  Bill.  Remarks  of  Mr.  Davis,  Mr.  Beaman, 
Mr.  Allen,  Mr.  Smithers,  Mr.  Norton,  Mr.  Broomall,  Mr.  Scotield,  Mr. 
Dawson,  Mr.  Williams,  Mr.  Baldwin  of  Massachusetts,  Mr.  Donnelly,  Mr. 
Perham,  Mr.  Gooch,  Mr.  Fernando  Wood,  Mr.  Kellev,  Mr.  Boutwell, 
Mr.  Pendleton.  Mr.  Davis's  Substitute.  Passage  of  Mr.  Davis's  Bill. 
House  Bill  reported  by  Mr.  Wade.  Mr.  Brown's  Amendment.  Mr. 
Sumner's  Amendment.  Passage  of  Mr.  Brown's  Substitute.  House 
non-concur.  Senate  recede.  Passage  of  the  Bill.  The  President  re 
fuses  to  approve  it pp.  337-347. 

b 


XIV  CONTENTS. 

CHAPTER  XIX. 

CONFINEMENT   OF    COLORED    PERSONS    IN    THE  WASHINGTON 

JAIL. 

Mr.  Wilson's  Joint  Resolution.  Remarks  of  Mr.  Wilson,  Mr.  Clark,  Mr. 
Hale,  Mr.  Wilson,  Mr.  Fessenden,  Mr.  Sumner.  Mr.  Clark's  Resolution. 
Mr.  Grimes's  Bill.  Remarks  of  Mr.  Grimes.  Mr.  Powell's  Amendment. 
Remarks  of  Mr.  Pearce,  Mr.  Powell,  Mr.  Carlile,  Mr.  Wilson,  Mr.  Fes 
senden,  Mr.  Latham,  Mr.  Cowan.  Passage  of  the  Bill.  Mr.  Wilson's 
Bill.  Remarks  of  Mr.  Wilson.  Mr.  Grimes's  Amendment.  Remarks 
of  Mr.  M'Dougall,  Mr.  Hale,  Mr.  Wilson,  Mr.  Pearce,  Mr.  Sumner.  Mr. 
Bingham's  Bill pp.  348-357. 

CHAPTER    XX. 

NEGRO       TESTIMONY. 

The  Bill  to  abolish  Slavery  in  the  District  of  Columbia.  Mr.  Sumner's 
Amendment.  Supplementary  Bill  to  abolish  Slavery  in  the  District  of 
Columbia.  Mr.  Sumner's  Amendment.  Mr.  Sumner's  Bill.  Mr.  Sum 
ner's  Amendment  to  the  Civil  Appropriation  Bill.  Remarks  of  Mr. 
Sumner.  Mr.  Sherman.  Mr.  Buckalew's  Amendment.  Remarks  of 
Mr".  Saulsbury.  Mr.  Howard.  Mr.  Sumner's  Amendment  adopted. 

pp.  358-361. 

CHAPTER  XXI. 

THE    COASTWISE    SLAVE-TRADE. 

Mr.  Sumner's  Bill.  Mr.  Sumner's  Amendment  to  the  Civil  Appropriation 
Bill.  Remarks  of  Mr.  Sherman,  Mr.  Sumner,  Mr.  Johnson,  Mr.  Hen- 
dricks,  Mr.  Collamer,  Mr.  Johnson,  Mr.  Saulsbury,  Mr.  Doolittle.  Adop 
tion  of  Mr.  Sumner's  Amendment pp.  362-366. 

CHAPTER  XXII. 

COLOR    :  O    DISQUALIFICATION    FOR    CARRYING   THE    MAILS. 

Mr.  Sumner's  Bill.  Passage  in  the  Senate.  Reported  by  Mr.  Colfax  in  the 
House.  Remarks  of  Mr.  Colfax.  Mr.  Dawes.  Mr.  Wiekliffe.  Bill 
laid  on  the  Table.  Mr.  Sumner's  Bill.  Mr.  Collamer's  Amendment. 
Remarks  of  Mr.  Collamer.  Mr.  Lane  of  Indiana.  Mr.  Lane  of  Kansas. 
Mr.  Saulsbury.  Mr.  Sumner.  Mr.  Powell.  Mr.  Hendricks.  Mr.  Pow 
ell's  Amendment.  Remarks  of  Mr.  Conness.  Mr.  Johnson. 

pp.  367-370. 


CONTENTS.  XV 

CHAPTER    XXIII. 

NO  EXCLUSION  FROM  THE  CARS  ON  ACCOUNT  OF  COLOR. 

Mr.  Sumner's  Amendment.  Remarks  of  Mr.  Saulsbury,  Mr.  Johnson, 
Mr.  Sumner,  Mr.  Morrill.  Mr.  Sumner's  Amendment.  Remarks  of  Mr. 
Sherman,  Mr.  Hendricks,  Mr.  Willey,  Mr.  Sumner,  Mr.  Wilson,  Mr. 
Trumbull,  Mr.  Sumner,  Mr.  Wilson,  Mr.  Grimes,  Mr.  Powell.  Amend 
ment  agreed  to pp.  371-376. 

CHAPTER  XXIV. 
CONCLUSION pp.  377-384. 


ANTISLAVERY  MEASURES  IN  CONGRESS. 


CHAPTER   I. 

SLAVES   USED  FOR   INSURRECTIONARY  PURPOSES 
MADE  FREE. 

SLAVES  USED  IN  THE  REBEL  FORCES.  —  MR.  TRUMBULL's  PROPOSITION 
TO  FREE  SLAVES  USED  FOR  MILITARY  PURPOSES.  —  MR.  TRUMBULL'S 
SPEECH.  —  MR.  BRECKINRIDGE'S  SPEECH.  —  MR.  WILSON'S  SPEECH.  — 
MR.  BRECKINRIDGE'S  REPLY.  —  MR.  M'DOUGALL'S  SPEECH.  —  MR.  TEN 
EYCK'S  SPEECH.  —  MR.  PEARCE'S  SPEECH.  —  ADOPTION  OF  MR.  TRUM 
BULL'S  AMENDMENT  FREEING  SLAVES  USED  FOR  MILITARY  PURPOSES. 

—  SUBSTITUTE  REPORTED  BY  THE  JUDICIARY  COMMITTEE  OF  THE 
HOUSE.  —  SUBSTITUTE  REJECTED.  —  MR.  BINGHAM'S  SPEECH.  —  MR. 
BURNETT'S  SPEECH.  —  MR.  CRITTENDEN'S  SPEECH.  —  MR.  KELLOGG'S 

SPEECH.  —  MR.    COX'S    MOTION    TO    LAY    THE    BILL    ON    THE    TABLE. — 

MR.  PENDLETON'S  SPEECH.  —  MR.  STEVENS'S  SPEECH.  —  MR.  DIVEN'S 
SPEECH.  —  MR.  PENDLETON'S  MOTION  TO  RECOMMIT  THE  BILL  CAR 
RIED. —  BILL  REPORTED  BACK  WITH  AN  AMENDMENT.  —  MR.  HOLM  AN1  S 
MOTION  TO  LAY  THE  BILL  ON  THE  TABLE. — PASSAGE  OF  THE  BILL. 

AT  the  opening  of  the  Rebellion,  slaves  were  used 
by  their  masters  for  insurrectionary  purposes. 
Wherever  armed  rebels  gathered,  officers,  and  in  many 
instances  privates,  brought  their  slaves  with  them  as 
servants.  Slaves  were  put  at  work  on  fortifications, 
and  employed  by  thousands  as  laborers  in  various  ca 
pacities  in  the  rising  forces  of  the  insurgents.  They 
were  used  in  the  erection  of  the  works  in  the  harbor  of 

1 


2         SLAVES  :US£D  FOR  WAR- PURPOSES 

Charleston,  on  which  were  planted  the  batteries  whose 
fires  demolished  Sumter,  and  kindled  the  devastating 
flames  of  civil  war.  In  Virginia,  where  the  rebel  forces 
were  massing  for  the  contest,  the  labor  of  slaves  light 
ened  the  toils  of  rebel  soldiers,  and  augmented  the 
powers  of  rebel  armies. 

In  the  Senate,  on  the  20th  of  July,  1861,  Mr. 
Trumbull  (Rep.)  of  Illinois,  Chairman  of  the  Com 
mittee  on  the  Judiciary,  reported,  by  order  of  that 
committee,  a  bill  to  confiscate  the  property  used  for 
insurrectionary  purposes.  The  bill  provided,  that  if 
during  the  present  or  any  future  insurrection  against 
the  Government  of  the  United  States,  after  the  President 
shall  have  declared  by  proclamation  that  the  laws  of 
the  United  States  are  opposed,  and  the  execution  ob 
structed,  by  combinations  too  powerful  to  be  suppressed 
by  the  ordinary  course  of  judicial  proceedings,  any 
person  or  persons,  his,  her,  or  their  agent,  attorney,  or 
employS,  shall  purchase  or  acquire,  sell  or  give,  any 
property,  of  whatsoever  kind  or  description,  with  intent 
to  use  or  employ  the  same,  or  suffer  the  same  to  be  used 
or  employed,  in  aiding,  abetting,  or  promoting  such 
insurrection,  or  any  person  or  persons  engaged  therein  ; 
or  if  any  person  or  persons,  beimz  the  owner  or  owners 
of  any  such  property,  shall  knowingly  use  or  employ, 
or  consent  to  the  use  or  employment  of,  the  same,  —  all 
such  property  is  to  be  declared  to  be  lawful  subject  of 
prize  and  capture  wherever  found. 

Mr.  Fessenden  (Rep.)  of  Maine  thought  it  a  very 
important  bill,  that  had  better  be  postponed  for  consid 
eration.  Mr.  Trumbull  did  not  care  to  have  the  bill 
considered  at  that  time  ;  but  he  would  like  to  offer  an 


MADE    FREE.  d 

amendment,  not  reported  from  the  committee,  with  the 
view  of  having  it  before  the  Senate.  He  then  proposed 
as  an  additional  section,  — 

"  That  whenever  any  person  claiming  to  be  entitled  to  the 
service  or  labor  of  any  other  person,  under  the  laws  of  any 
State,  shall  employ  such  person  in  aiding  or  promoting  any 
insurrection,  or  in  resisting  the  laws  of  the  United  States,  or 
shall  permit  or  suffer  him  to  be  so  employed,  he  shall  forfeit 
all  right  to  such  service  or  labor ;  and  the  person  whose  labor 
or  service  is  thus  claimed  shall  be  henceforth  discharged 
therefrom,  any  law  to  the  contrary  notwithstanding." 

Mr.  Ten  Eyck  (Rep.)  of  New  Jersey  did  not  under 
stand  the  Chairman  of  the  Committee  on  the  Judiciary 
to  offer  the  amendment  from  that  committee.  Mr. 
Trumbull  replied,  that  he  had  already  stated  that  he 
offered  the  amendment  himself,  not  from  the  committee. 

On  the  22d  of  July,  the  day  following  the  battle  of 
Bull  Run,  the  bill  to  confiscate  property  used  for  in 
surrectionary  purposes  was  taken  up  for  consideration ; 
the  pending  question  being  Mr.  TrumbulFs  amendment 
freeing  slaves  used  for  military  purposes.  Mr.  Breck- 
inridge  (Dem.)  of  Kentucky  said,  "This  amendment 
strikes  me  as  very  objectionable.  I  do  not  propose  to 
argue  it,  for  I  am  aware  it  will  probably  command  a 
decided  majority  in  the  Senate ;  but  I  ask  for  the  yeas 
and  nays  on  the  amendment."  Mr.  Trumbull,  Chair 
man  of  the  Judiciary  Committee,  in  reply  to  Mr. 
Breckinridge,  said,  "As  the  yeas  and  nays  are  called 
for,  I  will  state  simply  what  it  is,  and  all  there  is  of  it. 
The  amendment  provides,  that  if  any  person  held  to 
service  or  labor  in  any  State,  under  the  laws  thereof 
(by  which,  of  course,  is  meant  a  slave  in  any  of  these 


4  SLAVES   USED   FOR   WAR-PURPOSES 

States),  if  employed,  in  aid  of  this  Rebellion,  in  dig 
ging  ditches  or  intrenchments,  or  in  any  other  way,  or 
if  used  for  carrying  guns,  or  if  used  to  destroy  this 
Government,  by  the  consent  of  his  master,  his  master 
shall  forfeit  all  right  to  him,  and  he  shall  be  for  ever 
discharged ;  and  I  am  glad  the  yeas  and  nays  are  called 
to  let  us  see  who  is  willing  to  vote  that  the  traitorous 
owner  of  a  negro  shall  employ  him  to  shoot  down  the 
Union  men  of  the  country,  and  yet  insist  upon  restoring 
him  to  the  traitor  that  owns  him.  I  understand  that 
negroes  were  in  the  fight  which  has  recently  occurred. 
I  take  it  that  negroes  who  are  used  to  destroy  the 
Union,  and  to  shoot  down  the  Union  men  by  the  con 
sent  of  traitorous  masters,  ought  not  to  be  restored  to 
them.  If  the  senator  from  Kentucky  is  in  favor  of 
restoring  them,  let  him  vote  against  the  amendment. 
To  these  remarks  of  Mr.  Trumbull,  Mr.  Breckinridge 
replied,  with  some  warmth  of  manner,  "  The  line  of 
remarks  made  by  the  senator  appears  to  me  to  be  alto 
gether  uncalled  for.  I  expect  to  do  my  duty  here  as  a 
senator,  upon  my  own  conscience  and  upon  my  own 
judgment,  according  to  the  Constitution.  I  shall  enter 
into  no  argument  in  reply.  I  showed  my  willingness 
to  vote  by  asking  for  the  yeas  and  nays.  In  my  opin 
ion,  the  amendment  will  be  one  of  a  series  which  will 
amount,  before  we  are  done  with  it,  —  if,  unhappily, 
we  have  no  settlement  or  adjustment  soon,  —  to  a  gen 
eral  confiscation  of  all  property,  and  a  loosing  of  all 
bonds.  The  inferences  the  senator  draws  are  not 
deducible  from  my  motives  and  purpose  in  calling  for 
the  yeas  and  nays  on  this  amendment,  and  the  vote  I 
shall  £ive." 


MADE    FREE.  5 

"I  shall  vote,"  said  Mr.  Wilson  (Rep.)  of  Massa 
chusetts,  "with  more  heart  than  I  vote  for  ordinary 
measures,  for  this  proposition.  I  hope  the  Senate  and 
the  House  of  Representatives  will  sustain  it,  and  that 
this  Government  will  carry  it  out  with  an  inflexibility 
that  knows  no  change.  The  idea  that  men  who  are  in 
arms  destroying  their  country  shall  be  permitted  to  use 
others  for  that  purpose,  and  that  we  shall  stand  by  and 
issue  orders  to  our  commanders,  that  we  should  dis 
grace  our  cause  and  our  country  by  returning  such 
men  to  their  traitorous  masters,  ought  not  longer  to  be 
entertained.  The  time  has  come  for  that  to  cease ; 
and  by  the  blessing  of  God,  as  far  as  I  am  concerned, 
I  mean  it  shall  cease.  If  there  is  anybody  in  this 
Chamber  that  chooses  to  take  the  other  path,  let  him  do 
it :  let  him  know  what  our  purpose  is.  Our  purpose  is 
to  save  this  Government  and  save  this  country,  and  to 
put  down  treason ;  and,  if  traitors  use  bondmen  to 
destroy  this  country,  my  doctrine  is  that  the  Govern 
ment  shall  at  once  convert  those  bondmen  into  men  that 
cannot  be  used  to  destroy  our  country.  I  have  no 
apologies  to  make  for  this  position.  I  take  it  proudly. 
I  think  the  time  has  come,  when  this  Government,  and 
the  men  wrho  are  in  arms  under  the  Government,  should 
cease  to  return  to  traitors  their  fugitive  slaves,  whom 
they  are  using  to  erect  batteries,  to  murder  brave  men 
who  are  fighting  under  the  flag  of  their  country.  The 
time  has  come  when  we  should  deal  with  the  men  wrho 
are  organizing  negro  companies,  and  teaching  them 
to  shoot  down  loyal  men  for  the  only  offence  of  uphold 
ing  the  flag  of  their  country.  I  hope  further,  sir,  that 
there  is  a  public  sentiment  in  this  country  that  will 

1* 


6  SLAVES    USED   FOR   WAR-PURPOSES 

blast  men  who  will  rise  in  the  Senate,  or  out  of  it,  to 
make  apologies  for  treason,  or  to  defend  or  to  maintain 
the  doctrine  that  this  Government  is  bound  to  protect 
traitors  in  converting  their  slaves  into  tools  for  the 
destruction  of  the  Republic." 

"One  single  word,  sir,"  said  Mr.  Breckinridge  in 
reply.  "  The  senator  from  Massachusetts  is  a  senator 
from  that  Commonwealth,  and,  I  presume,  discharges 
what  he  believes  to  be  his  duty.  I  am  a  senator  from 
Kentucky,  and  I  do  the  same  thing;  and  when  the 
senator  attempts  to  deter  me  from  doing  my  duty  in  my 
place,  by  intimating  to  me  that  the  public  sentiment, 
here  or  elsewhere,  will  blast  any  man  who  votes  as  he 
believes  in  his  conscience  to  be  right,  I  tell  him  that 
he  speaks  to  the  wind.  I  will  utter  no  unparliamentary 
language  ;  but  I  give  that  senator  notice  now,  that  it  is 
perfectly  idle  to  attempt  to  influence  the  conduct  of 
senators,  in  the  discharge  of  their  public  duties,  by  any 
such  course  of  remark." 

"  I  understand  this  amendment,"  said  Mr.  M'Dougall 
(Dem.)  of  California,  "to  be  in  the  nature  of  a  confis 
cation  for  treason.  I  am  in  favor  of  it ;  but  I  ask  the 
senator  from  Illinois  to  make  one  modification  in  it. 
As  it  now  reads,  it  makes  the  confiscation  where  the 
masters  '  permit  or  suffer '  the  employment  of  these 
parties.  '  Suffer '  may  be  something  he  is  compelled  to 
do,  and  therefore  I  object  to  that  term."  Mr.  Trumbull 
would  a^ree  to  that  amendment. 

C5 

Mr.  Ten  Eyck  of  New  Jersey  said,  "  No  longer  ago 
than  Saturday  last,  I  voted  in  the  Judiciary  Committee 
against  this  amendment,  for  two  reasons  :  first,  I  did 
not  believe  that  persons  in  rebellion  against  this  Govern- 


MADE    FREE.  7 

ment  would  make  use  of  such  means  as  the  employment 
of  persons  held  to  labor  or  service  in  their  armies ; 
secondly,  because  I  did  not  know  what  was  to  be 
come  of  these  poor  wretches  if  they  were  discharged. 
God  knows,  we  do  not  want  them  in  our  section  of  the 
Union.  But,  sir,  having  learned,  and  believing,  that 
these  persons  have  been  employed  with  arms  in  their 
hands  to  shed  the  blood  of  the  Union-loving  men  of  this 
country,  I  shall  now  vote  in  favor  of  that  amendment, 
with  less  regard  to  what  may  become  of  these  people 
than  I  had  on  Saturday.  I  will  merely  instance  that 
there  is  a  precedent  for  this.  If  I  recollect  history 
aright,  Gen.  Jackson,  in  the  Seminole  War,  declared 
that  every  slave  who  was  taken  in  arms  against  the 
United  States  should  be  set  free." 

"It  will  not  be  surprising  to  the  Senate,"  said  Mr. 
Pearce  (Dem.)  of  Maryland,  "if  those  who  come  from 
the  section  of  the  country  in  which  I  reside  should  be 
a  little  sensitive  at  any  thing  which  proposes,  as  this 
amendment  does,  an  act  of  emancipation,  however 
limited  and  qualified.  That  is  my  objection  to  it.  Be 
sides,  I  think  it  will  be  brutum  fulmen.  Nothing 
will  come  of  it  but  more  of  that  irritation  of  which  it  is 
my  earnest  prayer  there  shall  be  as  little  as  possible.  I 
think  it  is  the  part  of  statesmen,  in  managing  the  con 
cerns  of  the  country  at  this  dreadful  crisis,  to  observe 
all  possible  toleration,  all  conciliation,  all  liberality  ;  not 
looking  merely  at  the  events  of  the  day,  but  at  the 
great  events  that  may  crowd  upon  us  for  years,  and 
upon  which  the  fate  of  the  country,  for  weal  or  for 
woe,  may  depend  for  a  century.  I  am  not  insensible 
to  the  magnitude  of  this  occasion.  I  look  at  all  its 


8  SLAVES    USED   FOR    WAR-PURPOSES 

aspects,  and  at  all  the  consequences  which  may  result 
from  that  which  is  now  in  progress.  No  man  de 
plores  it  more  deeply  than  I  do.  No  man  sought 
more  earnestly  to  shun  it.  I  only  ask  now,  that  this 
measure,  which  cannot  be  of  any  very  active  force,  may 
not  be  adopted ;  because  it  will  only  add  one  more  to 
the  irritations  which  are  already  exasperating  the  coun 
try  to  far  too  great  an  extent.  It  will  inflame  suspicions 
which  have  had  much  to  do  with  producing  our  present 
evils  ;  will  disturb  those  who  are  now  calm  and  quiet ; 
inflame  tho.se  who  are  restless  ;  irritate  numbers  who 
would  not  be  exasperated  by  any  thing  else ;  and  will, 
in  all  probability,  produce  no  other  real  effect  than  these. 
Being,  then,  useless,  unnecessary,  and  irritating,  it  is, 
in  my  opinion,  unwise." 

The  question,  being  taken  by  yeas  and  nays,  resulted 

—  yeas  33,  nays  6  —  as  follows  :  — 

YEAS.  — Messrs.  Anthony,  Bingham,  Browning,  Chandler,  Clark, 
Collamer,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 
Hale,  Harlan,  Harris,  Howe,  Johnson  of  Tennessee,  King,  Lane  of 
Kansas,  M'Dougall,  Morrill,  Nesmith,  Pomeroy,  Sherman,  Simmons, 
Sumner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson,  Wilmot,  and  Wilson, 

—  33. 

NAYS.  —  Messrs.  Breckinridge,  Johnson  of  Missouri,  Kennedy, 
Pearce,  Polk,  and  Powell,  —  6. 

So  the  amendment  was  agreed  to,  the  bill  was  re 
ported  to  the  Senate  as  amended,  the  amendments  were 
concurred  in,  and  the  bill  passed  the  Senate. 

In  the  House  of  Representatives,  on  the  2d  of 
August,  Mr.  Bingham  (Rep.)  of  Ohio,  from  the  Com 
mittee  on  the  Judiciary,  reported  back,  with  an  amend 
ment  in  the  nature  of  a  substitute,  the  Senate  bill  to 
confiscate  property  used  for  insurrectionary  purposes. 


MADE    FREE.  9 

It  provided  that  whenever  hereafter,  during  the  exist 
ence  of  the  present  insurrection  against  the  Government 
of  the  United  States ,  any  person  held  to  labor  or  service 
under  the  laws  of  any  State  shall  be  required  or  per 
mitted,  by  the  person  to  whom  such  labor  or  service  is 
due,  or  his  legal  agent,  to  take  up  arms  against  the 
United  States,  or  to  work  or  be  employed  in  or  about 
any  fort,  navy-yard,  armory,  dock-yard,  ship,  or  in  any 
military  or  naval  service,  against  the  Government  of  the 
United  States,  or  as  the  servant  of  any  person  engaged 
in  active  hostilities  against  the  United  States,  then  the 
person  to  whom  such  labor  is  due  shall  forfeit  all  claim 
to  such  service  or  labor,  any  law  of  any  State  or  of 
the  United  States  to  the  contrary  notwithstanding ; 
and,  in  case  of  a  claim  for  such  labor,  such  facts  shall 
be  a  full  and  sufficient  answer. 

Mr.  Bingham  said,  "  The  substitute  is  the  instruction 
of  a  majority  of  the  committee,  from  which  I  dissent." 
Mr.  Sheffield  (Dem.)  of  Rhode  Island  desired  "to 
know  to  whom  this  right  of  property  is  to  be  forfeited." 
To  this  question  Mr.  Bingham  replied,  "The  forfeiture 
is  simply  a  forfeiture  of  all  claim,  under  any  State  laws 
or  under  any  laws  of  the  United  States,  of  the  person  so 
offending,  to  any  person  hitherto  held  to  service  by  him." 

Mr.  Kellogg  (Rep.)  of  Illinois  proposed  an  amend 
ment  to  the  original  bill, — to  strike  out,  in  the  fourth 
section,  all  after  the  sixth  line,  as  follows:  "And  the 
person  whose  labor  or  service  is  thus  claimed  shall  be 
thenceforth  discharged  therefrom,  any  law  to  the  con 
trary  notwithstanding ; "  and  insert,  in  lieu  thereof,  as 
follows  :  "And  such  claim  to  service  or  labor  shall  be 
confiscated." 


10  SLAVES   USED   FOR   WAR-PURPOSES 

Mr.  Bingham  demanded  the  previous  question  on  the 
substitute  reported  by  the  Judiciary  Committee,  and 
the  substitute  was  rejected. 

Mr.  Bingham  then  remarked,  that  "the  Senate  bill  is 
a  sweeping  declaration,  that  whenever  any  person  claim 
ing  to  be  entitled  to  the  service  or  labor  of  any  other 
person,  under  the  laws  of  any  State,  shall  employ  such 
person  in  aiding  or  promoting  any  insurrection,  or  in 
resisting  the  laws  of  the  United  States,  or  shall  permit 
him  to  be  so  employed,  he  shall  forfeit  all  right  to  such 
service  or  labor  ;  and  the  person  whose  labor  or  service 
is  thus  claimed  shall  be  thenceforth  discharged  there 
from,  any  law  to  the  contrary  notwithstanding." 

Mr.  Burnett  (Dem.)  of  Kentucky  understood  that 
"the  use  of  a  slave,  by  authority  of  the  owner,  in  any 
mode  which  will  tend  to  aid  or  promote  this  insurrec 
tion,  will  entitle  that  slave  to  his  freedom."-  -"Certainly 
it  will,"  replied  Mr.  Bingham.  "  Or  with  his  consent," 
inquired  Mr.  Burnett,  "  or  the  consent  of  his  agent,  in 
any  mode  whatever,  then  the  negro  is  entitled  to  his 
freedom ?"—"  Yes,  sir,"  replied  Mr.  Bingham.  "Then," 
exclaimed  Mr.  Burnett,  "  that  amounts  to  a  wholesale 
emancipation  of  the  slaves  in  the  seceding  or  rebellious 

States." "No  just   court  in  America,"  replied  Mr. 

Bingham,  "will  ever  construe  this  fourth  section,  if  it 
becomes  a  law,  to  the  effect,  that  because  it  happens 
that  citizens  of  the  United  States,  residing  in  a  seceding 
State,  hold  slaves,  this  law  amounts  to  an  emancipation 
of  their  slaves.  By  the  express  words  of  the  bill,  it  is 
limited  in  its  effect  to  those  persons,  who  themselves,  by 
their  own  direct  acts,  for  the  purpose  of  overturning  the 
powers  of  the  Government,  employ,  or  consent  that 


MADE    FREE.  11 

others  shall  employ,  the  services  of  their  slaves  to  that 
end.  I  aver  that  a  traitor  should  not  only  forfeit  his 
slaves,  but  he  should  forfeit  his  life  as  well."  —  "It  has 
been  conceded,"  said  Mr.  Crittenden  of  Kentucky,  "in 
all  time,  that  the  Congress  of  the  United  States  had  no 
power  to  legislate  upon  the  subject  of  slavery  within  the 
States.  Absence  of  all  power  of  legislation  in  time  of 
peace  must  be  the  absence  of  the  same  power  at  all 
times.  You  have  no  power,  by  your  Constitution,  to 
touch  slavery  at  all." 

Mr.  M'Clernand  (Dem.)  of  Illinois  inquired  "if  it 
would  not  be  competent,  according  to  the  laws  of  war, 
for  the  Government  to  forfeit  the  ownership  of  a  horse 
found  in  the  use  of  the  enemy  in  war,  and  if  a  law  which 
would  forfeit  the  ownership  of  a  horse  would  not  forfeit 
the  title  to  a  negro  found  engaged  in  military  service." 
—  "I  am  not  inquiring,"  replied  Mr.  Crittenden,  "nor 
am  I  prepared  to  make  an  argument,  as  to  powers  in 
a  state  of  war,  — as  to  national  law,  world-wide  law.  I 
am  interposing  a  positive  statute ;  and  I  say,  if  there  is 
no  power  to  do  this  thing  in  time  of  peace,  there  is  no 
such  power  at  any  time." 

Mr.  Kellogg  (Rep.)  of  Illinois  suggested  to  Mr. 
Crittenden,  "whether  it  is  not  competent  to  forfeit  the 
claim  that  a  man  has  to  his  slaves,  for  treason  in  the 
master,  in  the  same  way  that  he  would  forfeit  his  claim 
to  his  horse,  and  yet  not  at  all  conflict  with  or  abrogate 
the  law  that  authorizes  the  holding  of  slaves."  —  "If 
you  have  no  power,"  replied  Mr.  Crittenden,  "there  the 
question  ends.  Well,  have  you  a  power  to  legislate 
concerning  a  slave  in  Kentucky,  as  to  his  rights  present 
or  future?  Have  you  a  right  to  impose  any  terms  or 


12  SLAVES    USED   FOR   WAR-PURPOSES 

conditions  on  the  master,  in  time  of  peace,  on  which  the 
slave  shall  be  entitled  to  his  liberty  ?  " 

Mr.  Kellogg,  in  answer,  said,  "My  idea  on  that  point 
is  simply  this  :  that  the  citizen  of  Kentucky,  like  the 
citizen  of  any  State,  by  an  infraction  of  law,  —  of 
the  highest  law  of  the  country,  —  is  liable  to  penalties 
and  forfeitures.  It  operates  on  the  person  to  forfeit  his 
right  by  his  own  crime,  and  does  not  at  all  attack  or 
invalidate  the  right  to  hold  slaves  or  abolish  slavery  in 
Kentucky. 

Mr.  Cox  (Dem.)  of  Ohio  moved  that  the  bill  be 
laid  upon  the  table,  and  demanded  the  yeas  and  nays 
on  his  motion.  The  question  was  taken ;  and  it  was 
decided  in  the  negative, — yeas  57,  nays  71.  Mr. 
Pendleton  (Dem.)  of  Ohio  moved  to  recommit  the 
bill  to  the  Judiciary  Committee.  "I  may  be  asked," 
said  Mr.  Diven  (Rep.)  of  New  York,  "'What  would 
you  do  with  negroes  taken  in  actual  arms  against  the 
country?  What  would  you  do  with  negroes  found 
employed  in  building  ships-of-war,  fighting  battles 
against  the  country,  rearing  fortifications  from  which 
shots  are  to  be  fired  on  the  soldiers  of  the  Union?' 
Why,  sir,  I  would  treat  them  as  men  in  arms  against 
the  country.  I  would  treat  them  as  prisoners  of  war. 
Then  I  admit  that  a  question,  entirely  novel  in  the 
usages  of  war,  at  once  occurs.  You  have  then  got  a 
species  of  men  as  prisoners  whom  the  usages  of  war,  in 
no  place  that  I  have  ever  seen,  treat  as  such.  I  proposed 
in  committee,  as  a  substitute  for  this  bill,  to  relieve  the 
Government  and  the  war-power  of  the  country  from  the 
attitude  in  which  the  seizure  of  these  men  thus  employed 
against  the  Government  would  place  them,  by  providing 


MADE   FREE.  13 

the  simple  penalty,  that  any  man  taken  in  arms  against 
the  Government  is  taken  as  a  prisoner  of  war,  whether 
he  be  black  or  white  or  tawny,  or  whatever  may  be  his 
complexion.  Afterwards,  when  you  come  to  determine 
on  an  exchange  of  prisoners,  you  can  determine  on  what 
terms  they  should  be  released.  I  would  have  a  law  by 
which  our  generals,  when  they  come  to  settle  on  the 
release  as  to  prisoners,  shall  make  the  release  of  those 
black  men  thus  employed  dependent  on  the  master's  los 
ing  all  right  to  them.  For  such  a  law,  and  such  a  bill,  I 
will  go  most  cordially." 

Mr.  Stevens  (Rep.)  of  Pennsylvania  said,  "When  a 
country  is  in  open  war  with  an  enemy,  every  publicist 
agrees  that  you  have  the  right  to  use  every  means 
which  will  weaken  him.  Vattel  says,  that  in  time  of 
war,  if  it  be  a  just  war,  and  there  be  a  people  who  have 
been  oppressed  by  the  enemy,  and  that  enemy  be  con 
quered,  the  victorious  party  cannot  return  that  oppressed 
people  to  the  bondage  from  which  they  have  rescued 
them.  I  wish  gentlemen  would  read  what  Vattel  says 
upon  this  subject.  I  wish  the  gentleman  from  New  York, 
especially,  would  read  the  remark  of  Vattel,  that  one  of 
the  most  glorious  consequences  of  victory  is  giving  free 
dom  to  those  who  are  oppressed."  —  "I  agree  to  it," 
replied  Mr.  Diven.  "Then  how  is  it,"  asked  Mr. 
Stevens,  "that  if  we  are  justified  in  taking  property 
from  the  enemy  in  war,  when  you  have  rescued  an 
oppressed  people  from  the  oppression  of  that  enemy,  by 
what  principle  of  the  law  of  nations,  by  what  principle 
of  philanthropy,  can  you  return  them  to  the  bondage 
from  which  you  have  delivered  them,  and  rivet  again 
the  chains  you  have  once  broken  ?  It  is  a  disgrace  to 

2 


14  SLAVES   USED   FOR   WAR-PURPOSES 

the  party  which  advocates  it.  It  is  against  the  principle 
of  the  law  of  nations.  It  is  against  every  principle  of 
philanthropy.  I,  for  one,  shall  never  shrink  from  say 
ing,  when  these  slaves  are  once  conquered  by  us,  '  Go, 
and  be  free.'  God  forbid  that  I  should  ever  agree  that 
they  should  be  restored  again  to  their  masters !  I 
warn  Southern  gentlemen,  that,  if  this  war  is  to  con 
tinue,  there  will  be  a  time  when  my  friend  from  New 
York  (Mr.  Diven)  will  see  it  declared  by  this  free  na 
tion,  that  every  bondman  in  the  South —  belonging  to 
a  rebel,  recollect ;  I  confine  it  to  them  —  shall  be  called 
upon  to  aid  us  in  war  against  their  masters,  and  to 
restore  this  Union." 

On  Mr.  Pendleton's  motion  to  recommit  the  bill  to  the 
Committee  on  the  Judiciary,  the  House  voted,  —  ayes 
69,  noes  48.  Mr.  Stevens  moved  to  reconsider  the  vote 
by  which  the  bill  was  recommitted.  Mr.  Kellogg 
moved  that  the  motion  be  laid  on  the  table.  Mr.  Bur 
nett  demanded  the  yeas  and  nays ;  and  they  were 
ordered, — yeas  71,  nays  61. 

On  the  3d  of  August,  Mr.  Bingham,  from  the  Com 
mittee  on  the  Judiciary,  reported  back  the  Senate  bill 
to  confiscate  property  used  for  insurrectionary  purposes, 
with  an  amendment,  and  demanded  the  previous  ques 
tion  on  the  third  reading  of  the  bill.  The  amendment 
proposed  to  strike  out  all  of  section  four  of  the  Senate 
bill  after  the  enacting  clause,  and  insert,  — 

"  That  whenever  hereafter,  during  the  insurrection  against 
the  Government  of  the  United  States,  any  person  claimed  to  be 
held  to  labor  or  service  under  the  laws  of  any  State  shall 
be  required  or  permitted  by  the  person  to  whom  such  labor 
01  service  is  claimed  to  be  due,  or  by  the  lawful  agent  of  such 


MADE    FREE.  15 

person,  to  take  up  arms  against  the  United  States,  or  shall  be 
required  or  permitted  by  the  person  to  whom  such  service  or 
labor  is  claimed  to  be  due,  or  his  lawful  agent,  to  work  or  to 
be  employed  in  or  upon  any  fort,  navy-yard,  dock,  armory, 
ship,  or  intrenchment,  or  in  any  military  or  naval  service 
whatever,  against  the  Government  and  lawful  authority  of 
the  United  States,  then,  and  in  every  such  case,  the  person  to 
whom  such  service  is  claimed  to  be  due  shall  forfeit  his  claim 
to  such  labor,  any  law  of  the  State  or  of  the  United  States 
to  the  contrary  notwithstanding ;  and,  whenever  thereafter  the 
person  claiming  such  labor  or  service  shall  seek  to  enforce  his 
claim,  it  shall  be  a  full  and  sufficient  answer  to  such  claim, 
that  the  person  whose  service  or  labor  is  claimed  had  been 
employed  in  hostile  service  against  the  Government  of  the 
United  States,  contrary  to  the  provisions  of  this  act." 

Mr.  Vallandigham  (Dem.)  of  Ohio  called  for  tellers 
on  ordering  the  previous  question  :  they  were  ordered, 
the  House  divided,  and  the  tellers  reported,  —  ayes  53, 
nays  42.  Mr.  Holman  (Dem.)  of  Indiana  moved  to 
lay  the  bill  on  the  table.  Mr.  Sheffield  of  Rhode  Is 
land  demanded  the  yeas  and  nays.  Mr.  MTherson 
(Rep.)  of  Pennsylvania  asked  Mr.  Holman  to  withdraw 
the  motion  to  lay  on  the  table,  to  enable  him  to  move  to 
postpone  the  bill  until  December  next.  The  question 
was  taken  on  Mr.  Holman's  motion,  and  lost,  —  yeas 
47,  nays  66.  The  question  recurring  on  the  amend 
ment  of  the  Committee  on  the  Judiciary,  Mr.  Mai- 
lory  (Dem.)  of  Kentucky  moved  the  House  do  now 
adjourn,  and  demanded  the  yeas  and  nays ;  and  they 
were  ordered, — yeas  30,  nays  75.  Mr.  Bingham  de 
manded  the  previous  question  on  the  passage  of  the 
bill ;  and  it  was  ordered.  Mr.  Burnett  demanded  the 
yeas  and  nays  on  the  passage  of  the  bill ;  and  they  were 


16  SLAVES    MADE    FREE. 

ordered.     The  question  was  taken,  and  it  was  decided 
in  the  affirmative,  —  yeas  60,  nays  48,  —  as  follows  :  — 

YEAS.  —  Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt,  Baxter, 
Beaman,  Bingham,  Francis  P.  Blair,  Samuel  S.  Blair,  Blake,  Buffin- 
ton,  Chamberlain,  Clark,  Colfax,  Frederick  A.  Conkling,  Covode, 
Duell,  Edwards,  Eliot,  Fenton,  Fessenden,  Franchot,  Frank,  Granger, 
Gurley,  Hanchett,  Harrison,  Hutchins,  Julian,  Kelley,  Francis  W. 
Kellogg,  William  Kellogg,  Lansing,  Loomis,  Lovejoy,  M'Kean,  Mitch 
ell,  Justin  S.  Merrill,  Olin,  Potter,  Alexander  H.  Rice,  Edward  H. 
Rollins,  Sedgwick,  Sheffield,  Shellabarger,  Sherman,  Sloan,  Spauld- 
ing,  Stevens,  Benjamin  F.  Thomas,  Train,  Van  Horn,  Verree,  Wal 
lace,  Charles  W.  Walton,  E.  P.  Walton,  Wheeler,  Albert  S.  White, 
and  Windom,  —  60. 

NAYS. — Messrs.  Allen,  Ancona,  Joseph  Baily,  George  H.  Browne, 
Burnett,  Calvert,  Cox,  Cravens,  Crisfield,  Crittenden,  Diven,  Dunlap, 
Dunn,  English,  Fouke,  Grider,  Haight,  Hale,  Harding,  Holman,  Hor- 
ton,  Jackson,  Johnson,  Law,  May,  M' demand,  M'Pherson,  Mallory, 
Menzies,  Morris,  Noble,  Norton,  Odell,  Pendleton,  Porter,  Reid,  Rob 
inson,  James  S.  Rollins,  Shell,  Smith,  John  B.  Steele,  Stratton,  Fran 
cis  Thomas,  Vallandigham,  Voorhees,  Wadsworth,  Webster,  and 
Wicklifie,—  48. 

So  the  Senate  bill  to  confiscate  the  property  used  for 
insurrectionary  purposes,  with  the  provision  moved  by 
Mr.  Trumbull,  making  free  the  slaves  used  by  the  rebel 
forces,  amended  by  the  amendment  reported  by  Mr. 
Bingham  from  the  Judiciary  Committee,  was  passed. 
It  received  the  approval  of  the  President  on  the  6th  of 
August,  and  became,  in  the  words  of  Mr.  Breckin- 
ridge,  the  first  "  of  a  series  of  acts  loosing  all  bonds." 


17 


CHAPTER  II. 

FUGITIVE   SLAVES  NOT   TO   BE    RETURNED  BY 
PERSONS   IN  THE  ARMY. 

SURRENDER  OF  SLAVES  COMING  WITHIN  THE  LINES  OF  THE  UNION  AR 
MIES. —  MR.  LOVEJOY'S  RESOLUTION.  —  NOTICE  OF  A  BILL  BY  MU. 
WILSON.  —  MR.  LOVEJOY'S  BILL.—  MR.  SUMNER'S  RESOLUTION. —  MR. 
COWAN'S  SPEECH.  —  RESOLUTION  OF  MR.  WILSON  OF  IOWA.  —  BILL  OF 
MR.  WILSON  OF  MASSACHUSETTS.  —  MR.  WILSON'S  BILL  CONSIDERED. 
—  MR.  SAULSBURY'S  MOTION  TO  POSTPONE  INDEFINITELY.  —  MR.  COL- 
LAMER' s  AMENDMENT.  —  MR.  POWELL'S  SPEECH.  —  MR.  COLLAMER'S 

SPEECH.  —  MR.  WILSON'S  SPEECH.  —  MR.  PEARCE'S  SPEECH.  —  MR. 
BLAIR'S  BILL  TO  MAKE  AN  ADDITIONAL  ARTICLE  OF  WAR.  —  MR. 
BINGHAM'S  SPEECH.  —  MR.  VALLANDIGHAM'S  MOTION  TO  LAY  THE 
BILL  ON  THE  TABLE.  —  PASSAGE  OF  THE  HOUSE  BILL.  —  REPORTED 
BY  MR.  WILSON  IN  THE  SENATE.  —  MR.  DAVIS'S  AMENDMENT.  —  MR. 
SAULSBURY'S  AMENDMENT.  —  MR.  M'DOUGALL'S  SPEECH.  —  MR.  HOW 
ARD'S  SPEECH. — PASSAGE  OF  THE  BILL.  —  MR.  WILSON'S  RESOLUTION 
CONCERNING  THE  SURRENDER  OF  FUGITIVES.  —  MR.  GRIMES'S  AMEND 
MENT. —  MR.  GRIMES'S  SPEECH.  —  MR.  SUMNER'S  SPEECH.  —  MR.  SAULS 
BURY'S  SPEECH. 

IN  the  outset  of  the  Rebellion,  slaves  inspired  by  the 
hope  of  freedom  came  within  the  lines  of  the  Union 
armies.  Their  masters  often  sought  for  them  within 
the  encampments,  where  they  had  hoped  for  protection 
and  freedom,  and  demanded  their  surrender  as  escaped 
bondmen.  While  many  officers  refused  to  surrender 
these  persons  claimed  as  slaves,  or  to  permit  slave  mas 
ters  to  seek  for  them  within  their  camps,  other  officers 
readily  permitted  them  or  their  agents,  weaponed  for 
violence,  to  search  their  camps,  seize,  bind,  and  bear 
away  their  trembling,  despairing  victims.  In  many 

2* 


18          FUGITIVE    SLAVES   NOT   TO   BE    RETURNED 

instances,  slaves,  who  had  brought  to  the  officers  of  the 
Union  armies  intelligence  of  great  value,  were  given  up 
on  the  demand  of  rebel  claimants.  These  slaves  surren 
dered  by  officers  of  the  army  were  often  most  mercilessly 
punished  by  their  enraged  masters,  whose  arms  were 
doubtless  nerved  by  the  malignity  of  their  hearts  toward 
the  country  and  its  defenders.  This  revolting  practice 
)f  arresting  and  surrendering  fugitives  coming  within 
the  lines  of  the  armies  demoralized  the  soldiers,  and 
outraged  the  moral  sense  of  the  nation. 

In  the  House  of  Representatives,  on  the  9th  of 
July,  1861,  Mr.  Lovejoy  (Rep.)  of  Illinois  introduced 
the  following  resolution,  and  demanded  the  previous 
question  upon  its  passage  :  "  That,  in  the  judgment 
of  this  House,  it  is  no  part  of  the  duty  of  the  soldiers  of 
the  United  States  to  capture  and  return  fugitive  slaves." 
Mr.  Mallory  (Dem.)  of  Kentucky  moved  to  lay  it  upon 
the  table,  —  yeas  66,  nays  81.  The  question  recurring 
on  agreeing  to  the  resolution,  Mr.  Logan  (Dem.)  of 
Illinois  demanded  the  yeas  and  nays,  and  they  were 
ordered,  —  yeas  93,  nays  55. 

In  the  Senate,  on  the  4th  of  December,  1861,  Mr. 
Wilson  (Rep.)  of  Massachusetts  gave  notice  of  his 
intention  to  introduce  a  bill  to  punish  officers  and  pri 
vates  of  the  army  for  arresting,  detaining,  or  delivering 
persons  claimed  as  fugitive  slaves.  Mr.  Lovejoy  (Rep.) 
of  Illinois,  on  the  4th  of  December,  introduced  a  bill 
making  it  a  penal  offence  for  any  officer  or  private  of 
the  army  or  navy  to  capture  or  return,  or  aid  in  the 
capture  or  return  of,  fugitive  slaves.  It  was  read  twice, 
and  its  consideration  postponed  to  the  10th  of  Decem 
ber. 


BY   PERSONS    IN   THE    ARMY.  19 

In  the  Senate,  on  the%17th  of  December,  Mr.  Sumner 
(Rep.)  of  Massachusetts  introduced,  and  asked  for  its 
immediate  consideration,  a  resolution,  —  "  That  the 
Committee  on  Military  Affairs  and  the  Militia  be  di 
rected  to  consider  the  expediency  of  providing,  by  addi 
tional  legislation,  that  our  national  armies  shall  not  be 
employed  in  the  surrender  of  fugitive  slaves."  Mr. 
M'Dougall  (Dem.)  of  California  objecting,  the  reso 
lution  went  over  under  the  rule ;  but  it  came  up  for 
consideration  the  next  day,  and  Mr.  Sumner  stated  that 
he  had  received  communications  in  regard  to  the  out 
rages  perpetrated  in  the  armies.  He  said,  "With  these 
communications  which  I  have  received,  some  of  an 
official  character  and  others  of  a  private  character,  I 
have  felt  that  I  should  not  do  my  duty  if  I  did  not  call 
the  attention  of  the  Senate  to  this  outrage.  It  must 
be  arrested.  I  am  glad  to  know  that  my  friend  and 
colleague,  the  chairman  of  the  Committee  on  Military 
Affairs,  promises  us  at  once  a  bill  to  meet  this  grievance. 
It  ought  to  be  introduced  promptly,  and  to  be  passed 
at  once.  Our  troops  ought  to  be  saved  from  this 
shame."  Mr.  Cowan  (Rep.)  of  Pennsylvania  appre 
hended  that  "  there  need  be  no  possible  difficulty  what 
ever  upon  this  question  in  any  of  its  aspects."  He 
thought  "  we  had  nothing  in  the  world  to  do  with  all 
these  questions.  We  send  a  general,"  he  said,  "  to 
suppress  this  insurrection.  What  is  his  duty?  If  he 
meets  a  negro  upon  his  errand,  and  that  negro  is  an 
enemy,  he  treats  him  as  an  enemy;  if  the  negro  is  a 
friend,  he  treats  him  as  a  friend,  and  uses  him  as  such. 
Nothing,  to  my  mind,  can  be  simpler.  How  is  he  to 
determine  the  title  to  that  negro?  Suppose,  Mr.  Presi- 


20          FUGITIVE    SLAVES    NOT    TO    BE    RETURNED 

dent,  you  were  to  go  into  bis  camp,  and  say,  '  Sir,  here 
is  my  negro  :  I  want  him.'  The  obvious  answer  of  the 
general  is,  'My  dear  sir,  that  may  be  all  true ;  I  have 
no  desire  to  raise  any  issues  of  fact  with  you  :  it  may  be 
that  this  is  your  negro ;  but  I  cannot  determine  that 
question ;  I  cannot  try  the  title  to  him ;  I  am  not  a 
court;  I  am  not  a  jury,'  —  a  great  many  of  them,  in 
deed,  are  not  even  lawyers.  How  are  they  to  deter 
mine  whether  this  negro  is  a  slave  or  not  ?  They  cannot 
determine  it ;  they  have  no  right  to  determine  it.  If 
the  master,  being  a  loyal  man,  in  that  camp  insists, 
and  says,  'This  is  my  negro;'  I  do  not  know  what 
other  men  might  do,  but,  if  I  were  the  general,  I  would 
say  to  him,  '  If  this  is  your  negro,  your  "boy,"  as  you 
call  him,  —  this  man  that  you  are  educating  to  civili 
zation  and  Christianity,  —  if  he  will  go  with  you,  if  he 
is  willing  to  submit  to  your  guardianship  in  this  behalf, 
take  him,  in  God's  name,  and  be  away  with  him.' 
Suppose  the  claimant  says,  '  He  -will  not  go,  and  I 
want  to  force  him  : '  what  then?  I  would  say  to  him, 
'No,  you  cannot  do  that;  because  that  presumes  that 
I  decide  the  very  question  which  I  am  incompetent  to 
decide.  I  cannot  allow  you  to  use  force  here,  because 
I  am  the  constable  of  the  nation,  and  I  am  the  reposi- 
tary  of  its  force  in  this  behalf,  and  you  cannot  use  it.' " 
The  resolution  was  agreed  to. 

Mr.  Wilson  (Kep.)  of  Iowa,  on  the  23d  of  Decem 
ber,  offered  the  following  resolution,  and  demanded  the 
previous  question  upon  it :  "  That  the  Committee  on 
Military  Affairs  be  requested  to  report  a  bill  to  this 
House  for  the  enactment  of  an  additional  article  of  war, 
whereby  all  officers  in  the  military  service  of  the  United 


BY   PERSONS    IN    THE    ARMY.  21 

States  shall  be  prohibited  from  using  any  portion  of  the 
forces  under  their  respective  commands  for  the  purpose 
of  returning  fugitives  from  service  or  labor,  and  provide 
for  the  punishment  of  such  officers  as  may  violate  said 
article  by  dismissal  from  the  service."  Pending  the 
question,  the  House,  on  the  motion  of  Mr.  Cox  (Dem.) 
of  Ohio,  adjourned, — yeas  58,  nays  53. 

Mr.  Wilson  (Rep.)  of  Massachusetts,  on  the  23d  of 
December,  introduced  a  bill  in  relation  to  the  arrest 
of  persons  claimed  to  be  held  to  service  or  labor  by  the 
officers  of  the  military  and  naval  service  of  the  United 
States  ;  which  was  read  twice,  and  referred  to  the  Com 
mittee  on  Military  Affairs.  It  declared  that  officers  in 
the  military  service  of  the  United  States  have,  without 
the  authority  of  law,  and  against  the  plainest  dictates 
of  justice  and  humanity,  caused  persons  claimed  as 
fugitives  from  service  or  labor  to  be  seized,  held,  and 
delivered  up ;  and  that  such  conduct  has  brought  dis 
credit  upon  our  arms,  and  reproach  upon  our  Govern 
ment  ;  and  it  therefore  proceeded  to  enact,  that  any 
officer  in  the  military  or  naval  service  of  the  United 
States,  who  shall  cause  any  person,  claimed  to  be  held 
to  service  or  labor  by  reason  of  African  descent,  to  be 
seized,  held,  detained,  or  delivered  up  to  or  for  any 
person  claiming  such  service  or  labor,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  dishonorably 
discharged,  and  for  ever  ineligible  to  any  appointment 
in  the  military  or  naval  service  of  the  United  States. 

On  the  6th  of  January,  1862,  Mr.  Wilson  reported 
back  his  bill  from  the  Committee  on  Military  Affairs, 
with  an  amendment.  On  the  7th  of  January,  Mr. 
Wilson  called  it  up  ;  and  the  Senate,  as  in  Committee 


22          FUGITIVE    SLAVES    NOT    TO    BE    RETURNED 

of  the  Whole,  proceeded  to  its  consideration.  The 
Committee  on  Military  Affairs  reported  an  amendment 
to  strike  out  all  of  the  original  bill,  and  insert  as  a 
substitute,  "  That  it  shall  be  unlawful  for  any  officer  in 
the  military  or  naval  service  of  the  United  States  to 
cause  any  person  claimed  to  be  held  to  service  or  labor 
by  reason  of  African  decent  to  be  seized,  held,  de 
tained,  or  delivered  up  to  or  for  any  person  claiming 
such  service  or  labor ;  and  any  officer  so  offending  shall 
be  discharged  from  service,  and  be  for  ever  ineligible  to 
any  appointment  in  the  military  or  naval  service  of  the 
United  States."  Mr.  Saulsbury  (Dem.)  of  Delaware 
moved  its  indefinite  postponement, — yeas  13,  nays  23. 
On  motion  of  Mr.  Carlile  (Dem.)  of  Virginia,  it  was 
temporarily  laid  on  the  table. 

The  Senate,  on  the  16th  of  January,  on  motion  of 
Mr.  Wilson,  took  from  the  table  and  resumed  the 
consideration  of  the  bill  to  punish  persons  in  the  mili 
tary  and  naval  service  for  arresting  and  delivering 
fugitive  slaves.  The  pending  question  being  on  the 
amendment  reported  from  the  Committee  on  Military 
Affairs  to  strike  out  the  original  bill,  and  insert  the 
amendment  as  a  substitute,  Mr.  Collamer  (Rep.)  of 
Vermont  said,  "  Without  criticising  .at  all  the  form  of 
expression  of  the  proposed  amendment,  I  offer  a  substi 
tute  for  it,  which  I  send  to  the  Chair,  — '  No  officer 
of  the  army  or  navy  of  the  United  States,  or  of  the 
volunteers  or  militia  in  the  service  of  the  United  States, 
shall  assume  or  exercise  any  military  command  or  au 
thority  to  arrest,  detain,  hold,  or  control  any  person, 
on  account  of  such  person  being  holden  to  service  as  of 
African  descent ;  and  any  such  officer  so  offending  shall 


BY    PERSONS    IN   THE    ARMY.  23 

be  dismissed  from  service/  "  Mr.  Wilson  accepted  the 
amendment  proposed  by  the  senator  from  Vermont. 
Mr.  Powell  said,  "  This  is  a  very  important  measure ; 
and,  as  the  amendment  of  the  senator  from  Vermont 
has  only  been  this  moment  presented,  I  ask  that  the 
bill  be  postponed,  and  the  amendment  be  printed,  in 
order  that  we  may  have  some  time  to  look  into  it."  — 
''The  amendment,"  replied  Mr.  Wilson,  "is  very  plain 
and  simple  :  a  child  can  comprehend  its  import.  I 
hope  that  this  important  bill,  which  ought  to  have  been 
passed  on  the  second  day  of  this  session,  for  the  honor 
of  the  country,  will  not  be  postponed  any  longer." — "I 
have  drawn  up,"  said  Mr.  Saulsbury,  "very  hurriedly, 
an  amendment,  which  I  propose  to  insert  as  an  addi 
tional  section,  — 'Nor  shall  any  soldier  or  officer,  under 
like  penalty,  entice  away  or  detain  any  person  held  to 
service  or  labor  in  the  United  States  from  his  or  her 
master  or  owner.'"  Mr.  Collamer  thought  the  amend 
ment  hardly  german  to  the  subject.  "I  believe,"  he 
said,  "  we  are  generally  agreed  that  there  is  great  im 
propriety  in  military  men  exercising  military  authority 
within  the  States,  in  relation  to  their  internal  and  mu 
nicipal  affairs  :  it  is  very  likely  to  produce  collisions,  that 
ought  to  be  avoided.  .  .  .  The  amendment  reported  by 
the  committee  made  it  unlawful  for  an  officer  to  do  any 
thing  in  regard  to  the  seizure  or  delivery  of  a  person 
held  to  service  by  reason  of  African  descent :  it  seemed 
to  direct  the  individual  action  of  the  man  as  a  man ; 
which  is,  I  think,  hardly  legitimate  and  proper  on  this 
occasion.  I  do  not  know  but  that  we  have  officers  in 
our  army  who  are  themselves  the  owners  of  slaves. 
According  to  the  provision  reported  by  the  committee, 


24          FUGITIVE    SLAVES   NOT    TO   BE    RETURNED 

such  an  officer  could  not  even  arrest  his  own  slave 
under  the  laws  of  the  State  in  which  he  was  holden. 
It  seems  to  me,  that,  in  dealing  with  officers  of  the 
army,  our  business  is  to  deal  with  them  in  their  official 
capacity.  Therefore,  to  strip  the  subject  of  all  sort  of 
question  about  that,  I  have  drawn  and  presented  the 
amendment  which  the  Senate  have  adopted,  and  which, 
I  think,  should  pass  into  a  law,  —  that  no  officer  shall 
use  any  military  power  over  this  subject.  As  to  his  own 
individual  action,  that  is  a  matter  which  must  be  left 
to  him."  —  "If  you  adopt,"  said  Mr.  Saulsbury,  "the 
amendment  of  the  senator  from  Vermont,  you  make  it 
penal  for  a  soldier  or  officer  to  return,  even  to  a  loyal 
master  or  owner,  his  slave ;  but  you  provide  no  penalty 
against  any  soldier  or  any  officer  for  depriving  even  a 
loyal  master  of  the  services  of  his  slave.  My  amend 
ment  proposes  to  prohibit,  under  the  same  penalty,  an 
officer  or  a  soldier  of  the  army  from  decoying  or  en 
ticing  away  from  the  service  of  his  master  a  slave,  or 
from  harboring  a  slave." 

Mr.  Rice  (Dem.)  of  Minnesota  proposed  to  amend 
Mr.  Saulsbury's  amendment  by  adding,  "who  may  be 
a  loyal  citizen  of  the  United  States  ;  "  and  the  amend 
ment  to  the  amendment  was  agreed  to.  Mr.  Collamer 
thought,  that,  under  Mr.  Saulsbury's  amendment,  "if 
any  soldier  wanted  to  get  dismissed  from  the  service,  he 
would  have  nothing  to  do  but  to  entice  a  slave,  and 
he  would  get  himself  and  the  slave  both  dismissed."  — 
"I  am  opposed,"  said  Mr.  Wilson,  "to  this  amendment 
in  every  shape  and  form,  and  to  any  legislation  protect 
ing,  covering,  or  justifying  slavery  for  loyal  or  disloyal 
masters.  The  laws  on  that  subject  are  all  that  ought 


BY   PERSONS    IN   THE    ARMY.  25 

to  be  given  at  this  time.  What  I  want  to  do  is  to 
put  upon  the  statute-book  of  this  country  a  prohibition 
to  the  officers  of  the  army  of  the  United  States  from 
arresting,  detaining,  and  delivering  up  persons  claimed 
as  fugitives  by  the  use  of  military  power.  There  is  no 
law  for  it.  They  have  acted  in  violation  of  law. 
Some  of  these  officers  have  dishonored  the  profession, 
and  disgraced  the  country  :  and  I  mean,  if  God  is  will 
ing  and  I  have  the  power,  to  reject  their  confirmation 
here  for  that  reason ;  and  I  give  them  the  notice  now." 
Mr.  Pearce  (Dem.)  of  Maryland  said,  "The  senator 
from  Massachusetts  objects  to  a  proposition  which  for 
bids  officers  and  soldiers  of  the  army  from  enticing, 
harboring,  or  preventing  the  recovery  —  that  is  the 
amount  of  it  —  of  a  fugitive  slave,  known  to  be  such, 
upon  the  application  of  his  master,  known  to  be  his 
lawful  owner,  according  to  the  laws  of  the  State  in 
which  he  lives.  What  is  the  effect  of  that?  It  is  an 
invitation  to  all  the  slaves  of  the  State  of  Maryland, 
who  can  do  so,  to  resort  to  the  camp,  sure  of  protection 
there,  first,  because  no  officer  of  the  army  can  order 
their  delivery  up  to  their  •  master,  however  loyal  or 
however  indisputable  his  title  may  be  to  that  slave.  It 
is  an  invitation,  therefore,  to  all  such  people  to  resort 
to  the  lines  of  the  army  as  a  harbor  of  refuge,  a  place 
of  asylum,  a  spot  where  they  can  be  safe  from  the 
operation  of  the  undoubted  legal  rights  of  the  owner. 
That  is  the  effect  of  it ;  and  that  is  an  invitation  to  the 
whole  body  of  such  people,  within  the  loyal  State  of 
Maryland,  to  accomplish  their  freedom  by  indirection. 
It  is  not  an  act  of  emancipation  in  its  terms ;  but  so 
far  as  it  can  operate,  and  does  operate,  it  leads  directly 

3 


26          FUGITIVE    SLAVES    NOT   TO   BE    RETURNED 

to  that  result."  The  bill  was  then  reported  to  the 
Senate  ;  and,  pending  the  question  of  concurring  in 
Mr.  Collamer's  amendment,  the  Chair  announced  the 
special  order  of  the  day. 

In  the  House,  Mr.  Blair  (Rep.)  of  Missouri,  on  the 
25th  of  February,  reported  from  the  Committee  on 
Military  Affairs  a  bill  to  make  an  additional  article  of 
war.  The  bill  provided,  that  hereafter  the  following 
shall  be  promulgated  as  an  additional  article  of  war  for 
the  government  of  the  army  of  the  United  States,  and 
shall  be  obeyed  and  observed  as  such  :  "  All  officers 
are  prohibited  from  employing  any  of  the  forces  under 
their  respective  commands  for  the  purpose  of  returning 
fugitives  from  service  or  labor  who  may  have  escaped 
from  any  persons  to  whom  such  service  or  labor  is 
claimed  to  be  due.  Any  officer  who  shall  be  found 
guilty  by  court-martial  of  violating  this  article  shall  be 
dismissed  from  the  service."  Mr.  Bingham  (Rep.)  of 
Ohio  moved  to  add,  after  the  word  "  officers,"  the  words 
"  or  persons  in  the  military  and  naval  service  of  the 
United  States;"  and  the  amendment  was  agreed  to. 
"You,"  said  Mr.  Mallory  (Dem.)  of  Kentucky,  "are 
deciding,  by  this  article  of  war,  that  the  President  of 
the  United  States  shall  not  be  permitted  to  send  a  mili 
tary  force  into  a  State  to  aid  the  authorities  of  that 
State  in  enforcing  a  national  law  which  stands  on  your 
statute-book.  I  ask  the  gentleman  from  Missouri 
whether  it  is  the  fixed  determination  to  repeal  the  Fugi 
tive-slave  Law."-  -"I  do  not  propose,"  replied  Mr.  Blair, 
"  to  decide  the  question  the  gentleman  has  raised,  as  to 
whether  this  bill,  if  it  becomes  a  law,  will  repeal  the 
Fugitive-slave  Law  or  not.  I  believe,  in  common  with  a 


BY    PERSONS    IN    THE    ARMY.  27 

great  many  others,  that  the  army  of  the  United  States 
has  a  great  deal  better  business  than  returning  fugitive 

o  o        o 

slaves.''  Mr.  Mallory  wished  to  postpone  the  bill  to 
the  third  Wednesday  in  March.  Mr.  Lovejoy  objected 
to  Mr.  Blair  yielding  the  floor.  Mr.  Blair  would  yield 
the  floor  to  Mr.  Mallory  for  the  purpose  indicated. 
Mr.  Bingham  hoped  Mr.  Blair  would  not  yield  the 
floor  to  allow  this  bill  to  be  postponed  to  the  end  of 
March.  He  denounced  the  practice  of  arresting  and 
returning  fugitive  slaves  by  officers  of  the  army,  as  "  a 
military  despotism  that  the  American  people  should  not 
tolerate  for  a  moment,  nor  lose  a  moment  in  ending  it 
by  the  enactment  of  this  bill  into  a  law.  I  say,  that  a 
military  officer  who  assumes,  wrongfully  assumes,  to 
exercise  the  functions  of  civil  magistracy,  and  under 
takes  to  sit  upon  the  right  of  any  human  being,  born 
within  the  limits  of  this  Republic,  to  the  possession 
of  his  own  person  and  his  own  soul,  and  against 
whom  no  offence  is  charged,  is  worse  than  a  kidnap 
per.  He  has  no  right  to  do  it ;  and,  by  so  doing, 
commits  a  crime,  a  great  crime.  Some  of  your  mili 
tary  officers  of  high  and  low  degree  have  been  detailing 
their  men  for  the  purpose  of  seizing,  and  have  seized, 
persons  not  accused  of  crime,  but  suspected  of  the  vir 
tue  of  preferring  liberty  to  bondage.  Are  we  to  revive 
here,  in  this  land,  the  hated  rule  of  the  Athenian  ostra 
cism,  by  which  men  were  condemned,  not  because  they 
were  charged  with  crime  or  proved  guilty  of  crime, 
but  because  they  were  suspected  to  possess  and  practise 
the  virtues  of  justice  and  patriotism  in  such  degree  as 
rendered  their  presence  in  the  State  dangerous  to  re 
publican  equality?  Aristides  was  condemned  because 


28          FUGITIVE    SLAVES    NOT   TO   BE    RETURNED 

he  was  just ;  and  Theraistocles,  because  he  was  the 
savior  of  the  city.  I  have  read  in  the  papers,  and  I 
believe  it  is  true,  that  one  of  these  persons  suspected  of 
escaping  from  bondage  to  liberty  swam  across  the  Ohio 
River,  making  for  an  encampment  upon  the  Indiana 
shore,  where  he  saw  the  banner  of  Liberty  flying,  which 
he  fondly  looked  upon  as  consecrating  that  place,  at 
least,  as  sacred  to  the  rights  of  person,  and  where  even 
the  rights  of  a  hunted  bondman  would  be  respected. 
After  having  been  beaten  about,  bruised  and  mangled 
against  the  rocks  in  the  channel  of  the  river,  to  whose 
rushing  waters  he  committed  his  life  that  he  might  re 
gain  his  liberty  j  he  reached  the  opposite  shore.  Some 
body  went  into  the  camp,  and  reported  that  this  man 
was  suspected  of  the  crime  of  having  run  away  from 
chains  and  slavery.  A  company  of  soldiers,  it  is  said, 
were  detailed  to  seize  him,  and  did  seize  and  return 
him  as  a  slave  to  the  man  who  claimed  him.  If  that 
practice  is  to  be  pursued  by  the  army  and  navy  under 
the  American  flag,  it  ought  to  cover  with  midnight 
blackness  every  star  that  burns  upon  its  field  of  azure, 
and  with  everlasting  infamy  the  men  who  dare  to  dese 
crate  it  to  such  base  uses." 

Mr.  Wickliffe  (Dem.)  of  Kentucky  said,  "I  see,  by 
the  evidence  which  has  been  furnished,  that  Gen.  Grant 
captured  —  at  Fort  Donelson  I  think  it  was  —  twelve 
negro  slaves  among  the  prisoners  there  taken.  They 
were  returned  by  him  to  their  loyal  owners  in  Ken 
tucky,  from  whom  they  had  been  forced  by  the  rebel 
power.  Would  this  bill  prevent  a  military  commander 
from  the  exercise  of  such  a  power?" — "I  am  informed 
by  a  letter  from  my  neighborhood,"  said  Mr.  Grider 


BY   PERSONS    IN    THE    ARMY.  29 

• 

(Dem. )  of  Kentucky, "  that,  within  three  counties  in 
my  district,  the  rebel  army  have  impressed  and  run  off 
slaves  to  the  value  of  about  three  hundred  thousand 
dollars.  Now,  sir,  does  this  article  of  war  propose 
that  these  servants  shall  not  be  returned,  and  shall  not 
be  intercepted?"  Mr.  Vallandigham  (Dem.)  of  Ohio 
moved  to  lay  the  bill  on  the  table  ;  upon  which  Mr. 
Bingham  demanded  the  yeas  and  nays,  —  yeas  44, 
nays  87.  Mr.  Blair  demanded  the  previous  question 
upon  the  bill  and  amendment ;  and  it  was  ordered. 
He  did  not  wish  to  press  the  bill  to  a  vote  to-night,  and 
moved  an  adjournment ;  but  the  motion  was  lost,  — 
ayes  59,  nays  61.  The  question  was  taken  on  the 
passage  of  the  bill, — yeas  83,  nays  42.  So  the  bill 
passed  the  House. 

In  the  Senate,  on  the  4th  of  March,  Mr.  Wilson 
reported  back  from  the  Military  Committee,  without 
amendment,  the  House  bill  providing  for  the  promul 
gation  of  an  additional  article  of  war,  forbidding  officers 
or  persons  in  the  military  and  naval  service,  on  pain  of 
dismissal  from  the  service,  to  arrest  or  return  fugitive 
slaves.  Mr.  Davis  (Opp.)  of  Kentucky  would  like  to 
offer  an  amendment,  and  desired  that  the  bill  should 
go  over  until  to-morrow.  Mr.  Wilson  would,  with  the 
understanding  that  we  take  up  the  bill  and  act  on  it 
to-morrow,  withdraw  his  motion  to  proceed  to  its  con 
sideration  ;  and  the  proposition  was  assented  to. 

On  the  10th  of  March,  Mr.  Wilson  moved  to  take 
up  the  bill  from  the  House  of  Representatives  to  make 
an  additional  article  of  war.  The  motion  was  agreed 
to,  and  the  consideration  of  the  bill  was  resumed  as  in 
Committee  of  the  Whole.  "  I  move  to  amend  the  bill," 

3* 


30          FUGITIVE    SLAVES    NOT   TO    BE    RETURNED 

• 

said  Mr.  Davis,  "by  inserting  after  the  word  'due,'  in 
the  eleventh  line  of  the  first  section,  the  words, f  and  also 
from  detaining,  harboring,  or  concealing  any  such  fugi 
tives  ; '  so  that  the  proposed  article  will  read :  *  All 
officers  or  persons  in  the  military  or  naval  service  of 
the  United  States  are  prohibited  from  employing  any 
of  the  forces  under  their  respective  commands  for  the 
purpose  of  returning  fugitives  from  service  or  labor  who 
may  have  escaped  from  any  persons  to  whom  such 
service  or  labor  is  claimed  to  be  due,  and  also  from 
detaining,  harboring,  or  concealing  any  such  fugitive.' " 
The  yeas  and  nays  were  ordered;  and,  being  taken, 
resulted  —  yeas  10,  nays  29  —  as  follows:  — 

YEAS.  —  Messrs. Bayard,  Carlile,  Davis,  Henderson,  Latham,  M'Dou- 
gall,  Powell,  Rice,  Saulsbury,  and  Wilson  of  Missouri,  — 10. 

NAYS.  —  Messrs.  Anthony,  Browning,  Chandler,  Clark,  Collamer, 
Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes,  Hale,  Har- 
lan,  Harris,  Howard,  Howe,  King,  Lane  of  Indiana,  Lane  of  Kansas, 
Morrill,  Pomeroy,  Sherman,  Sumner,  Ten  Eyck,  Trumbull,  Wade, 
Wilson  of  Massachusetts,  and  Wright,  —  29. 

Mr.  Saulsbury  moved  to  amend  by  adding  at  the  end 
of  the  first  section,  "That  this  article  shall  not  apply 
in  the  States  of  Delaware,  Maryland,  Missouri,  and 
Kentucky,  nor  elsewhere  where  the  Federal  authority 
is  recognized  or  can  be  enforced."  Yeas  7,  nays  30. 
"  I  wish,"  remarked  Mr.  Carlile,  "  to  make  an  inquiry 
of  the  patron  of  this  bill.  The  President,  under  his 
proclamation  in  April,  among  other  things,  called  for 
the  services  of  the  militia  to  aid  him  in  the  execution 
of  the  laws.  One  of  the  laws  upon  our  statute-book  is 
for  the  return  of  fugitive  slaves.  If  the  President  shall 
find  it  necessary  to  call  upon  the  military  power  of  the 


BY   PERSONS    IN    THE    ARMY.  31 

country  to  enable  him  to  discharge  his  sworn  duty  in 
this  respect,  —  for  he  swears,  as  I  understand,  when  he 
enters  upon  the  duties  of  his  office,  to  see  that  the  laws 
are  faithfully  executed,  — I  desire  to  know  if  this  bill 
will  not  interfere  with  that  in  this  particular,  and  what 
effect  this  bill  would  have  upon  any  military  authorities 
of  the  country  who  should  obey  the  call." — "  I  suppose," 
said  Mr.  Wilson  in  reply,  "  the  senator  from  Virginia 
clearly  understands  this  matter.  The  case  he  supposes, 
if  I  understand  it,  would  be  a  case  where  the  authorities 
would  call  out  the  military  for  the  purpose  of  enforcing 
the  decision  of  the  judicial  tribunals,  —  a  mere  civil  pro 
cess.  The  return  of  fugitive  slaves  is  a  civil  question, 
a  judicial  one,  not  a  military  one."  —  "Then,"  said  Mr. 
Carlile,  "I  am  to  understand  that  this  will  not  interfere 
with  that  ?  "  Mr.  M'Dougall  said,  "  It  is,  I  understand, 
a  mere  measure  to  prevent  the  interference  of  the  army 
in  these  matters.  As  such,  I  am  prepared  to  vote  for 
it ;  but,  in  voting  for  it,  I  wish  to  say  here,  that  I  under 
stand  it  to  be  simply  a  provision  to  prevent  the  interfer 
ence  of  army  officers  in  this  matter ;  not  impairing  the 
obligation  on  the  part  of  an  army  officer,  as  well  as  a 
private  citizen,  to  surrender  a  fugitive  from  service  or 
labor,  under  the  Constitution  and  laws  of  the  United 
States."  The  amendment  was  then  rejected.  Mr. 
Saulsbury  said,  "  I  move  to  amend  the  bill  by  in 
serting  after  the  word  f  due,'  in  the  eleventh  line 
of  the  first  section,  the  words,  'or  for  the  purpose  of 
enticing  or  decoying  such  persons,  held  to  service  or 
labor,  from  the  service  of  their  loyal  masters.'  I  ask 
for  the  yeas  and  nays  on  the  amendment."  Mr.  An 
thony  inquired  "  if  officers  of  the  army,  and  all  other 


32          FUGITIVE    SLAVES   NOT   TO    BE    RETURNED 

persons,   are -not  already   prohibited  from  enticing  or 
decoying  slaves."     Mr.  Howard  replied,   "  They  are, 
by  heavy  penalties."      Mr.    Saulsbury  remarked,   "If 
you  say  you  intend  to  keep  your  army  aloof  from  this 
question,  but  do  not  intend  that  they  shall  return  fugi 
tive  slaves,  then  all  I  ask  of  you  is,  that,  when  they 
come  into  a  loyal  community,  it  shall  not  be  lawful  for 
them,  nor  for  any  person  acting  under  Federal  author 
ity,  to  entice  or  decoy  my  slave  or  the  slave  of  my 
constituents  away."  —  "If  he  did,  I  suppose,"  replied 
Mr.  Howard,  "  he  would  simply  make  himself  liable  to 
the  severe  and  almost  inhuman  penalties  of  the  fugitive- 
slave  law  of  1850."-  Mr.  Sherman  observed,  that  "the 
laws  of  the  State  would  operate  also."     Mr.  Howard 
said  he  "  would  be  subject  also  to  the  penalty  prescribed 
by  the  law  of  the  State  where  he  is.     I  understand  this 
bill  as  simply  prohibiting  military  men  from  disgracing 
the  uniform  they  wear,  by  engaging  in  the  business  of 
slave-catching,  and  delivering  slaves  to  their  owners,  — 
a  disreputable  business,  in  which  no  gentleman,  North 
or  South,   military  or  civil,   I  undertake  to  say,  will 
willingly  engage."  —  "In  voting,"  said  Mr.  Anthony, 
"against  this  amendment,  which  I  shall  do,  I  certainly 
do  not  wish  it  to  be  understood  that  I  would,  vote  to 
give  any  officer  the  right  to  entice  a  slave  from  a  loyal 
master  ;  but  I  understand  that  the  law  already  prohibits 
it :  it  is  already  an  offence,  and  we  are  only  re-enacting 
another  law."     Mr.  M'Dougall  could  see  no  mischief 
in  the  amendment  of  the  senator  from  Delaware.     The 
question,  being  taken  by  yeas  and  nays,  resulted  —  yeas 
10,  nays  29.     The  bill  was  then  passed, — yeas  29, 
nays  9,  —  as  follows  :  — 


BY   PERSONS    IN    THE    ARMY.  33 

YEAS.  —  Messrs.  Anthony,  Browning,  Chandler,  Clark,  Collamer, 
Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes,  Hale,  Harlan,  Har 
ris,  Howard,  Howe,  King,  Lane  of  Indiana,  Lane  of  Kansas,  M'Dougall, 
Morrill,  Pomeroy,  Sherman,  Sumner,  Ten  Eyck,  Trumbull,  Wade, 
Wilson  of  Massachusetts,  and  Wright,  —  29. 

NAYS. — Messrs.  Bayard,  Carlile,  Davis,  Henderson,  Latham,  Pow 
ell,  Rice,  Saulsbury,  and  Wilson  of  Missouri,  —  9. 

So  the  bill  passed,  and  was  approved  by  the  President 
on  the  13th  of  March,  1862. 

The  14th  of  April,  on  motion  of  Mr.  Wilson  of  Massa 
chusetts,  the  Senate  proceeded  to  consider  the  following 
resolution,  submitted  by  him  on  the  3d  of  April :  "  Re 
solved  ,  That  the  Committee  on  Military  Affairs  and  the 
Militia  be  directed  to  consider  and  report  whether  any  fur 
ther  legislation  is  necessary  to  prevent  persons  employed 
in  the  military  service  of  the  United  States  from  aiding 
in  the  return  or  control  over  persons  claimed  as  fugitive 
slaves,  and  to  punish  them  therefor." — "  I  propose,"  said 
Mr.  Grimes  (Rep.)  of  Iowa,  "to  amend  the  resolution 
by  adding  to  it,  '  and  to  report  what  re-organization 
of  the  army,  in  its  personnel  or  otherwise,  may  be 
necessary  to  promote  the  public  welfare,  and  bring  the 
Rebellion  to  a  speedy  and  triumphant  end.'"  —  "One 
would  think,"  said  Mr.  Grimes,  "  that  all  men  would 
agree  in  pronouncing  that  a  cruel  and  despotic  order 
which  repeals  the  divine  precept,  '  Inasmuch  as  ye  did 
it  not  to  one  of  the  least  of  these,  ye  did  it  not  to  me/ 
and  arbitrarily  forbids  the  soldier  to  bestow  a  crust  of 
bread  or  a  cup  of  water  upon  a  wretched,  famishing  fugi 
tive  escaping  from  our  own  as  well  as  from  his  enemy. 
Yet,  Mr.  President,  I  grieve  to  say  that  there  are  those, 
high  in  rank  in  the  service  of  the  United  States,  who 
have  sought  to  break  down  the  spirit  of  manhood ,  which 


34          FUGITIVE    SLAVES   NOT    TO    BE    RETURNED 

is  the  crowning  glory  of  true  soldiers,  by  requiring  them 
to  do  acts,  outside  of  their  profession,  which  they  abhor, 
and  to  smother  all  impulses  to  those  deeds  of  charity 
which  they  have  been  taught  to  believe  are  the  charac 
teristics  of  Christian  gentlemen.  ...  It  was  known  to 
the  country,  at  an  early  day  after  the  commencement 
of  the  war,  that  some  military  commanders  were  abusing 
the  great  power  intrusted  to  them,  and  were  employing 
the  army  to  assist  in  the  capture  and  rendition  of  fugi 
tive  slaves,  not  in  aid  of  any  judicial  process,  but  in 
obedience  to  their  own  unbridled  will.     The  effect  of 
this  assumption  of  unauthorized  power  was  to  incite  the 
soldiery  to  disobedience,  and  to  arouse  the  people  to 
the  necessity  of  proper  legislative  restraints.     It  was 
in  compliance  with  the  popular  sentiment  on  this  subject 
that   Congress   enacted  the   additional   article   of  war, 
which  was  approved  on  the  13th  of  March  last.  .  .  . 
In  the  month  of  February  last,  an  officer  of  the  third 
regiment  of  Iowa  infantry,  stationed  at  a  small  town  in 
Missouri,  succeeded  in  capturing  several  rebel  bridge- 
burners,  and  some  recruiting  officers  belonging  to  Price's 
army.     The  information  that  led  to  their  capture  was 
furnished  by  two  or  three  remarkably  shrewd  and  intel 
ligent  slaves,  claimed  by  a  lieutenant -colonel  in  the 
rebel  army.     Shortly  afterwards,  the  master  despatched 
an  agent,  with  instructions  to  seize  the  slaves,  and  con 
vey  them  within  the  rebel  lines  :  whereupon  the  Iowa 
officer  himself  seized  them,  and  reported  the  circum 
stances  to  headquarters.    The  slaves  soon  understanding 
the   full   import   of   Gen.    Halleck's    celebrated    order 
No.  3,  two  of  them  attempted  an  escape.      This  was 
regarded  as   an  unpardonable   sin.      The  Iowa  officer 


BY   PERSONS    IN   THE    ARMY.  35 

was  immediately  placed  under  arrest,  and  a  detachment 
of  the  Missouri  State  militia  —  men  in  the  pay  of  this 
Government  and  under  the  command  of  Gen.  Hal- 
leek —  were  sent  in  pursuit  of  the  fugitives.  The  hunt 
was  successful.  The  slaves  were  caught,  and  returned 
to  their  traitor  master,  but  not  until  one  of  them  had 
been  shot  by  order  of  the  soldier  in  command  of  the 
pursuing  party.  .  .  .  How  long,  think  you,  will  this 
method  of  dealing  with  the  rebels  be  endured  by  the 
freemen  of  this  country?  Are  our  brothers  and  sons 
to  be  confined  within  the  walls  of  the  tobacco-warehouses 
and  jails  of  Richmond  and  Charleston,  obliged  to  per 
form  the  most  menial  offices,  subsisted  upon  the  most 
stinted  diet,  their  lives  endangered  if  they  attempt  to 
obtain  a  breath  of  fresh  air  or  a  beam  of  God's  sunlight 
at  a  window,  while  the  rebels  captured  by  those  very 
men  are  permitted  to  go  at  large  upon  parole,  to  be 
pampered  with  luxuries,  to  be  attended  by  slaves,  and 
the  slaves  guarded  from  escape  by  our  own  soldiers  ?  " 

On  the  1st  of  May,  the  Senate,  on  motion  of  Mr,  Wil 
son  ,  resumed  the  consideration  of  the  resolution ;  the 
pending  question  being  the  amendment  moved  by  Mr. 
Grimes.  Mr.  Sumner  was  "  grateful  to  the  senator 
from  Iowa  for  the  frankness  with  which  he  exposed 
and  condemned  the  recent  orders  of  our  generals/' 
Mr.  Sumner  then  examined  and  condemned  the  orders 
of  Generals  Hooker,  M'Cook,  Buel,  Halleck,  and  the 
Provost  Marshal  of  Louisville.  He  contrasted  and 
commended  the  action  of  Gen.  Doubleday  and  Gen. 
M'Dowell.  He  closed  his  speech  by  saying,  "Sir,  we 
are  making  history  now.  Every  victory  adds  something 
to  that  history ;  but  such  an  order  is  worse  for  us  than 


36          FUGITIVE    SLAVES   NOT    TO    BE    RETURNED 

a  defeat.  More  than  any  defeat,  it  will  discredit  us 
with  posterity,  and  with  the  friends  of  liberal  institutions 
in  foreign  nations.  I  have  said  that  Gen.  Halleck  is 
reputed  to  be  an  able  officer ;  but  most  perversely  he 
undoes  with  one  hand  what  he  does  with  the  other.  He 
undoes  by  his  orders  the  good  he  does  as  a  general. 
While  professing  to  make  war  upon  the  Rebellion,  he 
sustains  its  chief  and  most  active  power,  and  degrades 
his  gallant  army  to  be  the  constables  of  slavery. 
Slavery  is  the  constant  rebel  and  universal  enemy.  It 
is  traitor  and  belligerent  together,  and  is  always  to  be 
treated  accordingly.  Tenderness  to  slavery  now  is 
practical  disloyalty,  and  practical  alliance  with  the  ene 
my.  Against  these  officers  to  whom  I  have  referred 
to-day  I  have  no  personal  unkindness.  I  should  much 
prefer  to  speak  in  their  praise  ;  but,  sir,  I  am  in  earnest. 
While  I  have  the  honor  of  a  seat  in  the  Senate,  no  suc 
cess,  no  victory,  shall  be  any  apology  or  any  shield  to  a 
general  who  undertakes  to  insult  human  nature.  From 
the  midst  of  his  triumphs,  I  will  drag  him  forward  to 
receive  the  condemnation  which  such  conduct  deserves." 
Mr.  Saulsbury  moved  to  amend  the  resolution  by  adding 
to  it,  "  and  what  further  legislation  is  necessary  to  pre 
vent  the  illegal  capture  and  imprisonment  of  the  free 
white  citizens  of  the  United  States."  In  support  of  the 
amendment,  he  said,  "But,  while  we  are  entertained 
every  morning  with  a  narrative  of  the  grievances  of  the 
black  men  of  this  country,  the  free  negroes  and  the 
slaves  of  this  country,  thinking  equally  as  much,  and 
—  although  it  may  be  an  infirmity  and  a  weakness  at 
the  present  time  to  say  it  —  thinking  a  little  more,  of 
the  free  white  citizens  of  my  country,  I  will,  in  my 


BY   PERSONS    IN   THE    ARMY.  37 

place,  demand  that  justice  shall  be  done  them,  and  that 
free  white  men,  who  have  done  nought  to  injure  their 
country,  to  destroy  its  institutions  or  its  Union,  shall 
be  protected,  and  that  inquiry  shall  be  made  to  see  if 
further  legislation  is  necessary  to  secure  them  in  their 
rights."  Pending  the  question,  the  President  called  up 
the  Confiscation  Bill,  which  was  the  order  of  the  day : 
the  bill  went  over,  and  was  not  again  taken  up. 


38 


CHAPTER  III. 

THE  ABOLITION    OF    SLAVERY  IN   THE    DISTRICT    OF 
COLUMBIA. 

THE  NATIONAL  CAPITAL.  —  SLAVERY.  —  MB.  WILSON'S  RESOLUTION.  — 
THE  DISTRICT  COMMITTEE.  —  MR.  WILSON'S  BILL.  —  MR.  MORRILL'S 
REPORT,  WITH  AMENDMENTS.  —  MR.  WILSON'S  BILL  TO  REPEAL  THE 
SLAVE  CODE.  —  COMMITTEE'S  AMENDMENTS  ADOPTED.  —  MR.  MORRILL'S 
AMENDMENTS.  —  MR.  DAVIS'S  AMENDMENTS.  —  MR.  DOOLITTLE'S  AMEND-, 
MENT.  —  REMARKS  BY  MR.  DAVIS.  —  MR.  HALE.  —  MR.  DOOLITTLE.  — 
MR.  POMEROY.  —  MR.  WILLEY.  —  MR.  SAULSBURY.  —  MR.  KING.  —  MR. 
DAVIS.  —  MR.  WILSON.  —  MR.  KENNEDY.  —  MR.  SAULSBURY.  —  MR.  HAR- 
LAN. —  MR.  WILKINSON.  —  MR.  SAULSBURY'S  AMENDMENT.  —  MR.  SUM- 
NER.  —  MR.  WRIGHT.  —  MR.  FESSENDEN.  —  MR.  DAVIS'S  AMENDMENT. 

—  MR.     CLARK'S     AMENDMENT.  —  MR.     WILLEY'S     AMENDMENT.  —  MR. 

CLARK'S  AMENDMENT.  —  MR.  DAVIS.  —  MR.  MORRILL.  —  MR.  M'DOU- 
GALL.  —  MR.  SUMNER'S  AMENDMENT.  —  MR.  WRIGHT'S  AMENDMENT." — 
MR.  BROWNING'S  AMENDMENT.  —  MR.  WILMOT.  —  MR.  COLLAMER'S 
AMENDMENT.  —  MR.  DOOLITTLE'S  AMENDMENT.  —  MR.  POWELL.  —  M  R. 
BAYARD.  —  PASSAGE  OF  THE  BILL.  —  HOUSE.  —  MR.  STEVENS'S  MOTION. 

—  MR.  THOMAS. —  MR.  NOXON.  —  MR.  BLAIR. — MR.  CRITTENDEN.  —  MR. 
RIDDLE. — MR.  FESSENDEN.  —  MR.  ROLLINS.  —  MR.  BLAKE.  —  MR.  VAN 
HORNE.  —  MR.  ASHLEY.  —  MR.  HUTCHINS.  —  MR.  WRIGHT'S  AMENDMENT. 

—  MR.  HICKMAN.  —  MR.  WADSWORTH.  —  MR.  HARDING'S  AMENDMENT.  — 
MR.  TRAIN'S  AMENDMENT.  —  MR.  LOVEJOY.  —  MR.  WICKLIFFE'S  AMEND 
MENT.  —  MR.   HOLMAN'S    AMENDMENT.  —  MR.    cox.  —  MR.    MENZIKS' 

AMENDMENT.  —  PASSAGE   OF   THE   BILL. 

THE  first  Congress  under  the  .  Constitution  was 
deeply  absorbed  by  the  question  of  the  permanent 
location  of  the  seat  of  the  Federal  Government.  The 
Eastern  States  would  have  been  content  to  let  it  remain 
in  New  York.  Pennsylvania  sought  to  win  it  back  to 
Philadelphia.  Maryland,  Virginia,  the  Carolinas,  and 
Georgia  would  fix  it  on  the  Potomac.  The  conflicting 


THE    ABOLITION    OF    SLAVERY,    ETC.  39 

claims  of  sections  defeated,  in  1789,  all  propositions 
for  the  permanent  location  of  the  seat  of  Government ; 
but  it  was  determined  at  the  next  session,  by  three  ma 
jority  in  the  House  of  Representatives,  to  locate  it  on 
the  banks  of  the  Potomac.  Clothed  by  the  Constitu 
tion  with  the  "  power  to  exercise  exclusive  legislation  in 
all  cases  whatsoever "  over  the  District,  Congress,  in 
stead  of  providing  a  code  of  humane  and  equal  laws 
for  the  government  of  the  national  capital,  enacted,  in 
1801,  that  the  laws  of  Maryland  and  Virginia  should 
continue  in  force.  By  this  act,  the  colonial  slave- 
codes  of  Maryland  and  Virginia  were  accepted,  re 
affirmed,  and  re-enacted.  Washington  and  Georgetown 
adopted  oppressive  and  inhuman  ordinances  for  the 
government  of  slaves  and  free  persons  of  color.  For 
half  a  century  the  slave-trade  was  carried  on,  to  the 
lasting  dishonor  of  the  nation  ;  and  for  two  generations 
the  public  men  of  the  country  were  surrounded  by  an 
atmosphere  tainted  by  the  breath  of  the  slave,  and  by 
the  blinding  and  perverting  influences  of  the  social  life 
of  slaveholding  society. 

On  the  4th  of  December,  1861,  after  the  announce 
ment  of  the  Standing  Committees  of  the  Senate,  Mr. 
Wilson  (Rep.)  of  Massachusetts  introduced  a  resolu 
tion,  that  all  laws  in  force  relating  to  the  arrest  of 
fugitives  from  service,  and  all  laws  concerning  persons 
of  color,  within  the  District,  be  referred  to  the  Commit 
tee  on  the  District  of  Columbia  ;  and  that  the  committee 
be  instructed  to  consider  the  expediency  of  abolishing 
slavery  in  the  District,  with  compensation  to  loyal 
holders  of  slaves.  The  committee  to  whom  the  reso 
lution  was  referred  consisted  of  Mr.  Grimes  (Rep.)  of 


40  THE    ABOLITION   OF    SLAVERY 

Iowa,  Mr.  Dixon  (Rep.)  of  Connecticut,  Mr.  Merrill 
(Rep.)  of  Maine,  Mr.  Wade  (Rep.)  of  Ohio,  Mr. 
Anthony  (Rep.)  of  Rhode  Island,  Mr.  Kennedy 
(Dem.)  of  Maryland,  and  Mr.  Powell  (Dem.)  of 
Kentucky.  Mr.  Grimes,  chairman  of  the  committee, 
Mr.  Morrill,  and  Mr.  Wade,  were  recognized  by  their 
associates  and  by  the  country  as  thorough  and  uncom 
promising  opponents  of  slavery  in  every  form.  Mr. 
Dixon  and  Mr.  Anthony  were  fair  representatives  of 
the  feelings  and  views  of  conservative  Republicanism. 
Mr.  Kennedy  came  into  the  Senate  a  type  of  the 
moderate,  conservative,  respectable  Whigism  of  the 
Border  slave  States ;  but  was  soon  borne,  like  many 
others  of  that  halting,  timid  school,  by  the  current  of 
events,  into  the  ranks  of  Democracy.  Mr.  Powell  was 
an  original  Democrat,  of  the  faith  and  creed  of  the 
slaveholding  school,  and  an  earnest,  bold,  and  adroit 
advocate  of  its  policy.  In  moving  the  reference  of  his 
resolution  to  this  committee,  Mr.  Wilson  expressed  the 
hope  that  the  chairman  "  would  deal  promptly  with  the 
question." 

Mr.  Wilson  of  Massachusetts,  on  the  16th  of  De 
cember,  obtained  leave  to  introduce  a  bill  for  the  release 
of  certain  persons  held  to  service  or  labor  in  the  Dis 
trict  of  Columbia ;  which  was  read  twice,  and  ordered 
to  be  printed.  The  bill  provided  for  the  immediate 
emancipation  of  the  slaves,  for  the  payment  to  their 
loyal  owners  of  an  average  sum  of  three  hundred  dollars, 
for  the  appointment  of  a  commission  to  assess  the  sum 
to  be  paid,  and  the  appropriation  of  one  million  of  dol 
lars.  On  the  22d  of  December,  on  the  motion  of  Mr. 
Wilson,  the  bill  was  referred  to  the  District  Committee. 


IN   THE   DISTRICT   OF   COLUMBIA.  41 

Mr.  Morrill,  on  the  13th  of  February,  1862,  re 
ported  back  from  the  Committee  on  the  District  of 
Columbia  the  bill,  introduced  by  Mr.  Wilson  on  the 
16th  of  December,  for  the  release  of  certain  persons 
held  to  service  or  labor  in  the  District  of  Columbia, 
with  amendments.  Mr.  Wilson,  on  the  24th  of  Feb 
ruary,  introduced  a  bill  to  repeal  certain  laws  and 
ordinances  in  the  District  of  Columbia  relating  to  per 
sons  of  color,  and  moved  its  reference  to  the  District 
Committee.  This  bill  proposed  to  repeal  the  act  of 
Congress  extending  over  the  District  the  laws  of  Mary 
land  concerning  persons  of  color,  to  annul  and  abrogate 
those  laws,  to  repeal  the  acts  giving  the  cities  of  Wash 
ington  and  Georgetown  authority  to  pass  ordinances 
relating  to  persons  of  color,  to  abrogate  those  ordi 
nances,  and  to  make  persons  of  color  amenable  to  the 
same  laws  to  which  free  white  persons  are  amenable, 
and  to  subject  them  to  the  same  penalties  and  punish 
ments.  Mr.  Wilson  briefly  recited  the  laws  and  ordi 
nances  it  was  intended  to  repeal  and  abrogate.  Mr. 
Wilmot  (Kep.)  of  Pennsylvania  thought  the  Senate 
should  act  promptly  upon  the  bill  for  the  abolition  of 
slavery  in  the  District.  *  "  We  should  be  the  most 
derelict  in  our  duty  of  any  body  that  ever  sat  in  the 
seats  of  power,  if  we  adjourn  this  Congress  without 
the  abolition  of  slavery  in  the  District  of  Columbia." 
Mr.  Wilson  would  say  to  the  senator  from  Pennsylvania, 
that  the  bill  was  very  carefully  prepared ;  that  it  had 
been  reported,  with  very  slight  amendments,  by  the 
committee  ;  and  that  it  should  be  taken  up  for  action  at 
an  early  day.  "The  bill,"  he  said,  "which  I  have  in 
troduced  this  morning,  is  only  following  up  that  bill, 

4* 


42  THE    ABOLITION    OF    SLAVERY 

and  repealing  the  black  code  of  the  District,  —  the  laws 
applicable  to  persons  of  color  in  the  District.  It  is  a 
necessary  bill  to  be  passed  also  ;  and  I  hope,  when  we 
have  done  that,  we  shall  go  a  step  further,  and  offer  to 
the  State  of  Maryland  the  same  terms  that  we  offer  to 
the  people  of  the  District,  and  clear  this  thing  out  of 
our  neighborhood." 

On  the  27th  of  February,  the  Senate,  on  motion  of 
Mr.  Morrill,  made  the  bill  for  the  abolition  of  slavery 
in  the  District  the  special  order  for  the  5th  of  March. 
The  bill  on  the  12th,  on  motion  of  Mr.  Morrill,  was 
taken  up ;  and  the  Senate,  as  in  Committee  of  the 
Whole,  proceeded  to  its  consideration.  The  amend 
ments  reported  by  the  committee  were  agreed  to  :  and 
Mr.  Morrill  then  moved  to  add  an  amendment,  that  no 
claim  shall  be  paid  for  any  slave  brought  into  the  Dis 
trict  after  the  passage  of  the  act,  or  which  originates  in 
or  by  virtue  of  any  transfer  heretofore  made,  or  which 
shall  hereafter  be  made,  by  any  person  who  has  in  any 
manner  aided  or  sustained  the  Rebellion  against  the 
Government  of  the  United  States ;  and  it  was  agreed 
to.  Mr.  Morrill  moved  still  further  to  amend  the  bill 
by  adding,  that  any  person  who  shall  kidnap  or  in  any 
manner  transport  out  of  said  District  any  person  dis 
charged  or  freed  by  the  provisions  of  this  act,  or  any 
free  person,  with  intent  to  re-enslave  or  sell  such  per 
son  into  slavery,  or  shall  re-enslave  any  of  said  persons, 
the  person  so  offending  shall  be  deemed  guilty  of  a 
misdemeanor ;  and,  on  conviction,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  five  nor  more  than 
twenty  years.  Mr.  -  Howard  (Rep.)  of  Michigan 
would  strike  out  "  misdemeanor,"  and  insert  "  felony." 


IN   THE    DISTRICT   OF    COLUMBIA.  43 

Mr.  Morrill  accepted  the  suggestion ;  and  the  amend 
ment  as  modified  was  agreed  to.  Mr.  Morrill  then 
moved  that  all  acts  of  Congress  and  all  laws  of  the 
State  of  Maryland  in  force  in  said  District,  and  all 
ordinances  of  the  cities  of  Washington  or  Georgetown, 
inconsistent  with  the  provisions  of  this  act,  are  hereby 
repealed ;  and  the  amendment  was  agreed  to. 

Mr.  Davis  (Opp.)  of  Kentucky  moved  to  add  as  a 
new  section,  that  all  persons  liberated  under  this  act 
shall  be  colonized  out  of  the  limits  of  the  United  States  ; 
and  the  sum  of  a  hundred  thousand  dollars,  out  of  any 
money,  shall  be  expended,  under  the  direction  of  the 
President  of  the  United  States,  for  that  purpose.  Mr. 
Doolittle  (Rep.)  of  Wisconsin  "understood  the  effect 
of  this  amendment  to  be  to  colonize  them,  whether  they 
are  willing  to  be  colonized  or  not.  If  the  amendment 
of  the  senator  was  to  offer  to  appropriate  the  sum  of  a 
hundred  thousand  dollars  to  be  used  for  transporting 
and  colonizing  such  of  the  free  colored  persons  of  this 
District  as  might  desire  to  be  colonized,  I  should  vote 
for  the  amendment ;  but,  as  it  is,  I  cannot  vote  for  it." 
Mr.  Davis  thought  he  was  "  better  acquainted  with 
negro  nature  than  the  honorable  senator  from  Wiscon 
sin.  He  will  never  find  one  slave  in  a  hundred  that 
will  consent  to  be  colonized  when  liberated.  The  liber 
ation  of  the  slaves  in  this  District  and  in  any  State  of 
the  Union  will  be  just  equivalent  to  settling  them  in 
the  country  where  they  live  ;  and  whenever  that  policy 
is  inaugurated,  especially  in  the  States  where  there  are 
many  slaves,  it  will  inevitably  and  immediately  intro 
duce  a  war  of  extermination  between  the  two  races.  .  .  . 
The  negroes  that  are  now  liberated,  and  that  remain  in 


44  THE    ABOLITION   OF    SLAVERY 

this  city,  will  become  a  sore  and  a  burden  and  a  charge 
upon-  the  white  population.     They  will  be  criminals. 
They  will  become  paupers.     They  will  be  engaged  in 
crimes  and  in  petty  misdemeanors.     They  will  become 
a  charge-  and  a  pest  upon  this  society ;   and  the  power 
which   undertakes    to   liberate    them    ought   to  relieve 
the  white    community  in  which    they   reside,    and    in 
which  they  will   become   a  pest  from  their  presence." 
Mr.  Davis  emphatically  asserted,  that  "  whenever  any 
power,  constitutional  or  unconstitutional,  assumes  the 
responsibility  of  liberating  slaves  where  slaves  are  nu 
merous,  they  establish,  as  inexorably  as  fate,  a  conflict 
between  the  races,  that  will  result  in  the  exile  or  the 
extermination  of  the  one  race  or  the  other.     I  know  it. 
We  have  now  about  two  hundred  and  twenty-five  thou 
sand   slaves  in  Kentucky.      Think  you,   sir,  that  we 
should  ever  submit  to  have  those  slaves  manumitted  and 
left  among   us?     No,   sir;    no,   never:    nor  will   any 
white  people  in  the  United  States  of  America,  where 
the  slaves  are  numerous.     If,  by  unconstitutional  legis 
lation,  you  should,  by  laws  which  you  shrink  from  sub 
mitting  to  the  tests  of  constitutionality  in  your  courts 
of  justice,  liberate  them,  without  the  intervention  of  the 
courts,  the  moment  you  re-organize  the  white  inhabitants 
of  those  States  as  States  of  the  Union,  they  would  re 
duce  those  slaves  again  to  a  state  of  slavery,  or  they 
would  expel  them  and  drive  them  upon  you  or  south  of 
you,  or  they  would  hunt  them  like  beasts,  and  extermi 
nate  them.  ...  I  know  what  I  talk  about.     Mr.  Presi 
dent,  the  loyal  people  of  the  slave  States  are  as  true  to 
this  Union  as  any  man  in  the  Senate  Chamber  or  in 
any   of  the   free   States  :    but  never,  never,  will  they 


IN   THE    DISTRICT   OF    COLUMBIA.  45 

submit,  by  unconstitutional  laws,  to  have  their  slaves 
liberated  and  to  remain  domiciled  among  them  ;  and  the 
policy  that  attempts  it  will  establish  a  bloody  La  Vendee 
in  the  whole  of  the  slave  States,  my  own  included." 

On  the  18th,  the  bill  was  taken  up,  the  pending 
question  being  Mr.  Davis's  amendment ;  and  Mr.  Doo- 
little  proposed  to  amend  the  amendment,  so  as  to  make 
it  read,  "with  then-  own  consent."  Mr.  Hale  (Rep.) 
of  New  Hampshire  delivered  an  earnest  and  effective 
speech  for  the  passage  of  the  bill.  "  I  may  remark," 
he  said,  "  that,  of  all  the  forms  scepticism  ever  as 
sumed,  the  most  insidious,  the  most  dangerous,  and 
the  most  fatal,  is  that  which  suggests  that  it  is  unsafe 
to  perform  plain  and  simple  duty,  for  fear  that  disas 
trous  consequences  may  result  therefrom.  This  ques 
tion  of  emancipation,  wherever  it  has  been  raised  in 
this  country,  so  far  as  I  know,  has  rarely  ever  been 
argued  upon  the  great  and  fundamental  principles  of 
right.  The  inquiry  is  never  put,  certainly  in  legislative 
circles,  What  is  right?  what  is  just?  what  is  due  to 
the  individuals  that  are  to  be  affected  by  the  measure  ? 
but,  What  are  to  be  the  consequences  ?  Men  entirely 
forget  to  look  at  the  objects  that  are  to  be  effected  by 
the  bill,  in  view  of  the  inherent  rights  of  their  man 
hood,  in  view  of  the  great  questions  of  humanity,  of 
Christianity,  and  of  duty ;  but  what  are  to  be  the  con 
sequences  ;  what  is  to  be  its  effect  upon  the  price  of 
sugar,  tobacco,  cotton,  and  other  necessaries  and  luxu 
ries  of  life.  The  honorable  senator  from  Kentucky 
looks  upon  it  in  that  point  of  view  entirely.  .  .  .  But 
now,  sir,  let  me  close  by  reading  to  the  senator  from 
Kentucky  predictions  of  the  consequences  that  will  fol- 


46  THE    ABOLITION    OF   SLAVERY 

low  emancipation,  exceedingly  different  from  those  which 
he  has  predicted.  He  predicts  pauperism,  degradation, 
crime,  burdens  upon  society.  That  is  the  dark  picture 
which  fills  his  imagination  as  the  consequences  that  are 
to  follow  the  putting -away  of  oppression  from  the 
midst  of  us.  Let  me  read  to  him  a  different  predic 
tion  :  — 

" '  6.  Is  not  this  the  fast  that  I  have  chosen  ?  —  to  loose 
the  bands  of  wickedness,  to  undo  the  heavy  burdens,  and  to 
let  the  oppressed  go  free,  and  that  ye  break  every  yoke  ? 

" '  7.  Is  it  not  to  deal  thy  bread  to  the  hungry,  and  that 
thou  bring  the  poor  that  are  cast  out  to  thy  house  ?  When 
thou  seest  the  naked,  that  thou  cover  him ;  and  that  thou  hide 
not  thyself  from  thine  own  flesh  ? ' 

"What  are  to  be  the  consequences?  Not  pauperism, 
degradation,  and  crime,  but,  — 

"  <  8.  Then  shall  thy  light  break  forth  as  the  morning,  and 
thine  health  shall  spring  forth  speedily  ;  and  thy  righteousness 
shall  go  before  thee.  The  glory  of  the  Lord  shall  be  thy 
rearward. 

"'9.  Then  shalt  thou  call,  and  the  Lord  shall  answer; 
thou  shalt  cry,  and  he  shall  say,  Here  I  am.  If  thou  take 
away  from  the  midst  of  thee  the  yoke,  the  putting-forth  of  the 
finger,  and  speaking  vanity ; 

"'  10.  And  if  thou  draw  out  thy  soul  to  the  hungry,  and 
satisfy  the  afflicted  soul ;  then  shall  thy  light  rise  in  obscu 
rity,  and  thy  darkness  be  as  the  noonday. 

" '  11.  And  the  Lord  shall  guide  thee  continually,  and  satisfy 
thy  soul  in  drought,  and  make  fat  thy  bones ;  and  thou  shalt 
be  like  a  watered  garden,  and  like  a  spring  of  water,  whose 
waters  fail  not. 

"'12.  And  they  that  shall  be  of  thee  shall  build  the  old 
waste  places.  Thou  shalt  raise  up  the  foundations  of  many 


IN   THE    DISTRICT    OF    COLUMBIA.  47 

generations ;  and  thou  shalt  be  called,  The  repairer  of  the 
breach,  The  restorer  of  paths  to  dwell  in.'  —  Isa.,  ch.  58. 

"Now,  sir,  this  nation  has  an  opportunity,  if  I  may 
gay  S0)  —  and  I  say  it  reverently,  —  of  putting  the 
Almighty  to  the  test,  and  of  seeing  whether  the  conse 
quences  that  his  prophet  has  foretold  or  his  senator  has 
predicted  will  follow  as  the  result  of  this  measure." 

Mr.  Doolittle  then  addressed  the  Senate  in  advocacy 
of  the  policy  of  colonizing  persons  made  free  by  the 
enactment  of  the  pending  bill.  Mr.  Pomeroy  (Rep.) 
of  Kansas  followed  in  decided  opposition  to  the  policy 
of  making  compensation  to  the  masters  for  the  slaves 
to  be  emancipated  by  the  passage  of  the  measure.  "I 
am  really,"  he  declared,  "  a  friend  to  the  bill ;  and 
I  desire  at  the  proper  time  —  I  believe  it  is  not  in  order- 
now —  to  propose  an  amendment,  striking  out  all  of  the 
bill,  except  the  first  and  eighth  sections.  The  first 
section  of  the  bill  extends  over  this  District  the  ordi 
nance  of  1787  ;  and  I  think  there  is  no  doubt  as  to  the 
effect  of  that.  The  eighth  section  simply  prohibits 
men  from  taking  colored  persons  out  of  the  District  to 
sell  them  after  they  have  been  made  free.  The  first 
section  frees  them  :  the  eighth  section  prevents  their 
being  kidnapped.  I  do  not  know  what  necessity  there 
is  for  any  further  provision  in  the  bill."  Mr.  Willey 
(Union)  of  Virginia  addressed  the  Senate  on  the  20th, 
in  opposition  to  the  measure.  "This  bill,"  he  asserted, 
"  is  a  part  of  a  series  of  measures  already  initiated,  all 
looking  to  the  same  ultimate  result,  —  the  universal 
abolition  of  slavery  by  Congress." 

The  Senate  resumed,  on  the  24th,  the  consideration 
of  the  bill ;  the  pending  question  being  Mr.  Doolittle's 


48  THE   ABOLITION    OF    SLAVERY 

amendment  to  Mr.  Davis's  amendment.  Mr.  Sauls- 
bury  (Dem.)  of  Delaware  was  in  favor,  if  the  slaves 
were  liberated,  of  colonizing  them ;  yet,  not  believing 
that  Congress  has  any  constitutional  power  either  to 
pass  a  bill  to  liberate  the  slaves  in  the  District  or  to 
appropriate  money  to  colonize  them,  he  should  vote 
against  the  amendment  and  the  bill.  Mr.  King  (Rep.) 
of  New  York  "  did  intend  to  vote  for  this  bill ;  and  I 
prefer  to  vote  for  it  in  the  simplest  shape  in  which  it  can 
be  presented.  Although  I  am  disposed  to  look  with 
favor  upon  the  proposition  submitted  by  the  senator 
from  Wisconsin,  when  this  subject  comes  to  be  consid 
ered  upon  a  more  extended  scale ;  yet,  as  it  relates 
merely  to  the  District,  I  am  inclined  to  vote  against  any 
amendments  which  go  to  extend  the  character  of  the  bill 
beyond  a  simple  proposition  to  emancipate  the  negroes 
in  the  District."  The  question  being  taken  on  Mr. 
Doolittle's  amendment  to  Mr.  Davjs's  amendment,  it 
was  agreed  to,  —  yeas  23,  nays  16.  The  question  on 
Mr.  Davis's  amendment  as -amended  was  then  taken, — 
yeas  19,  nays  19  :  so  it  was  lost. 

Mr.  Davis  then  addressed  the  Senate  at  great  length 
in  opposition  to  the  bill.  "  You  have  originated,"  he 
said,  "  in  the  North-east,  Mormonism  and  free  love,  and 
that  sort  of  ethereal  Christianity  that  is  preached  by 
Parker  and  by  Emerson  and  by  others,  and  all  sorts  of 
mischievous  isms  ;  but  what  right  have  you  to  force 
your  isms  upon  us  ?  What  right  have  you  to  force  your 
opinions  upon  slavery  or  upon  any  other  subject  on  an 
unwilling  people  ?  What  right  have  you  to  force  them 
on  the  people  of  this  District  ?  Is  it  from  your  love  for 
the  slaves,  your  devotion  to  benevolence  and  humanity, 


IN    THE    DISTRICT    OF   COLUMBIA.  49 

your  belief  in  the  equality  of  the  slaves  with  yourselves  ? 
Why  do  you  not  go  out  into  this  city,  and  hunt  up  the 
blackest,  greasiest,  fattest  old  negro  wench  you  can  find, 
and  lead  her  to  the  altar  of  Hymen?  You  do  not  be 
lieve  in  any  such  equality  ;  nor  do  I.  Yet  your  emis 
saries  proclaim  here  that  the  slaves,  when  you  liberate 
them,  shall  be  citizens,  shall  be  eligible  to  office  in  this 
city.  A  few  days  ago,  I  saw  several  negroes  thronging 
the  open  door,  listening  to  the  debate  on  this  subject ; 
and  I  suppose,  in  a  few  months,  they  will  be  crowding 
white  ladies  out  of  these  galleries." 

Mr.  Wilson  of  Massachusetts,  on  the  25th,  addressed 
the  Senate  in  favor  of  the  bill  he  had  introduced  early 
in  the  session.  "  This  bill,  to  give  liberty  to  the  bond 
man,"  he  said,  "  deals  justly,  ay,  generously,  by  the 
master.  The  American  people,  whose  moral  sense  has 
been  outraged  by  slavery  and  the  black  codes  enacted  in 
the  interests  of  slavery  in  the  District  of  Columbia, 
whose  fame  has  been  soiled  and  dimmed  by  the  deeds  of 
cruelty  perpetrated  in  their  national  capital,  would  stand 
justified  in  the  forum  of  nations  if  they  should  smite 
the  fetter  from  the  bondman,  regardless  of  the  desires 
or  interests  of  the  master.  With  generous  magnanimity, 
this  bill  tenders  compensation  to  the  master  out  of  the 
earnings  of  the  toiling  freemen  of  America.  ...  In 
what  age  of  the  world,  in  what  land  under  the  whole 
heavens,  can  you  find  any  enactment  of  equal  atrocity 
to  this  iniquitous  and  profligate  statute,  this  f  legal  pre 
sumption  '  that  color  is  evidence  that  man,  made  in  the 
image  of  God,  is  an  '  absconding  slave  '  ?  This  mon 
strous  doctrine,  abhorrent  to  every  manly  impulse  of 
the  heart,  to  every  Christian  sentiment  of  the  soul,  to 


50 


THE   ABOLITION   OF    SLAVERY 


every  deduction  of  human  reason,  which  the  refined,  hu 
mane,  and  Christian  people  of  America  have  upheld  for 
two  generations,  which  the  corporation  of  Washington 
enacted  into  an  imperative  ordinance,  has  borne  its 
legitimate  fruits  of  injustice  and  inhumanity,  of  dishonor 
and  shame.  Crimes  against  man,  in  the  name  of  this 
abhorred  doctrine,  have  been  annually  perpetrated  in 
this  national  capital,  which  should  make  the  people  of 
America  hang  their  heads  in  shame  before  the  nations, 
and  in  abasement  before  that  Being  who  keeps  watch 
and  ward  over  the  humblest  of  the  children  of  men .... 
Here  the  oath  of  the  black  man  affords  no  protection 
whatever  to  his  property,  to  the  fruits  of  his  toil,  to  the 
personal  rights  of  himself,  his  wife,  his  children,  or  his 
race.  Greedy  avarice  may  withhold  from  him  the 
fruits  of  his  toil,  or  clutch  from  him  his  little  acquisi 
tions  ;  the  brutal  may  visit  upon  him,  his  wife,  his 
children,  insults",  indignities,  blows  ;  the  kidnapper  may 
enter  his  dwelling,  and  steal  from  his  hearthstone  his 
loved  ones ;  the  assassin  may  hover  on  his  track,  im 
perilling  his  household  ;  every  outrage  that  the  depravity 
of  man  can  visit  upon  his  brother  man  may  be  perpe 
trated  upon  him,  upon  his  family,  his  race  :  but  his  oath 
upon  the  Evangelists  of  Almighty  God,  though  his 
name  may  be  written  in  the  Book  of  Life,  neither  pro 
tects  him  from  wrong,  nor  punishes  the  wrong-doer. 
This  Christian  nation,  in  solemn  mockery,  enacts  that 
the  free  black  men  of  America  shall  not  bear  testimony 
in  the  judicial  tribunals  of  the  District  of  Columbia. 
Although  the  black  man  is  thus  mute  and  dumb  before 
the  judicial  tribunals  of  the  capital  of  Christian  Ame 
rica,  his  wrongs  we  have  not  righted  here  will  go  up  to 


IN   THE    DISTRICT   OF   COLUMBIA.  51 

a  higher  tribunal,  where  the  oath  of  the  proscribed 
negro  is  heard,  and  his  story  registered  by  the  pen  of 
the  recording  angel.  .  .  .  These  colonial  statutes  of 
Maryland,  re-affirmed  by  Congress  in  1801 ;  these  ordi 
nances  of  Washington  and  Georgetown,  sanctioned  in 
advance  by  the  authority  of  the  Federal  Government,  — 
stand  this  day  unrepealed.  Such  laws  and  ordinances 
should  not  be  permitted  longer  to  insult  the  reason,  per 
vert  the  moral  sense,  or  offend  the  taste,  of  the  people 
of  America.  Any  people  mindful  of  the  decencies  of 
life  would  not  longer  permit  such  enactments  to  linger 
before  the  eye  of  civilized  man.  Slavery  is  the  prolific 
mother  of  those  monstrous  enactments.  Bid  slavery 
disappear  from  the  District  of  Columbia,  and  it  will 
take  along  with  it  this  whole  brood  of  brutal,  vulgar, 
and  indecent  statutes.  .  .  .  This  bill  for  the  release 
of  persons  held  to  services  or  labor  in  the  District  of 
Columbia,  and  the  compensation  of  loyal  masters  from 
the  treasury  of  the  United  States,  was  prepared  after 
much  reflection  and  some  consultation  with  others.  The 
Committees  on  the  District  of  Columbia,  in  both  Houses, 
to  whom  it  was  referred,  have  agreed  to  it,  with  a  few 
amendments  calculated  to  carry  out  more  completely  its 
original  purposes  and  provisions.  I  trust  that  the  bill 
as  it  now  stands,  after  the  adoption  of  the  amendments 
proposed  by  the  senator  from  Maine  (Mr.  Morrill), 
will  speedily  pass  without  any  material  modifications. 
If  it  shall  become  the  law  of  the  land,  it  will  blot  out 
slavery  for  ever  from  the  national  capital,  transform 
three  thousand  personal  chattels  into  freemen,  obliterate 
oppressive,  odious,  and  hateful  laws  and  ordinances, 
which  press  with  merciless  force  upon  persons,  bond  or 


52  THE    ABOLITION    OF    SLAVERY 

free,  of  African  descent,  and  relieve  the  nation  from  the 
responsibilities  now  pressing  upon  it.  An  act  of  bene 
ficence  like  this  will  be  hailed  and  applauded  by  the 
nations,  sanctified  by  justice,  humanity,  and  religion, 
by  the  approving  voice  of  conscience,  and  by  the  bless 
ing  of  Him  who  bids  us  '  break  every  yoke,  undo  the 
heavy  burden,  and  let  the  oppressed  go  free.'" 

"Why,"  asked  Mr.  Kennedy  of  Maryland,  "seek  to 
impose  upon  us  principles  and  measures  of  policy  which 
we  do  not  want,  and  which  tend  only  to  still  further 
derange  and  embarrass  us,  — tend  further  to  surround 
us  with  complicated  questions  from  which  we  have  no 
escape  ?  Why  not  allow  us  to  work  out  our  own  des 
tiny,  and  to  accommodate  ourselves  as  best  we  can  to 
the  disadvantages  which  this  unhappy  revolution  has 
thrown  around  us  ?  .  .  .  What  possible  benefit  can  occur 
to  the  North  by  the  abolition  of  slavery  in  this  District, 
when  it  is  to  be  so  deleterious  and  so  injurious  in  its 
results  to  a  sister  State  of  this  Union  ?  What  earthly 
consideration  oif  good  is  to  result  to  the  people  of  the 
North,  that  does  not  bring  a  tenfold  corresponding  evil, 
not  only  upon  the  people  here,  but  upon  the  people  of 
my  State?" 

Mr.  Saulsbury  moved  to  amend  by  inserting  as  a  new 
section,  that  "the  persons  liberated  under  this  act  shall, 
within  thirty  days  after  the  passage  of  the  same,  be 
removed,  at  the  expense  of  the  Federal  Government, 
into  the  States  of  Maine,  New  Hampshire,  Massachu 
setts,  Rhode  Island,  Connecticut,  Vermont,  New  York, 
Pennsylvania,  New  Jersey,  Ohio,  Indiana,  Illinois, 
Michigan,  Iowa,  Wisconsin,  Minnesota,  Kansas,  Ore 
gon,  and  California;  and  that  said  persons  shall  be 


IN    THE    DISTRICT    OF   COLUMBIA.  53 

distributed  to  and  among  the  said  States,  pro  rata, 
according  to  the  population  of  the  same."  "  If  it  is  the 
spirit  of  philanthropy  and  a  love  of  freedom,"  he  said, 
"  that  prompts  you  gentlemen  to  set  these  three  thous 
and  slaves  in  the  District  of  Columbia  free,  render  that 
philanthropy  and  that  love  of  freedom  sublime  in  the 
sight  of  all  human  kind  by  taking  into  your  own  em 
brace,  in  your  own  midst,  the  slaves  thus  liberated. 
Prove  that  you  are  sincere." 

"I  regret,"  said  Mr.  Harlan  (Rep.)  of  Iowa,  "very 
much  that  senators  depart  so  far  from  the  proprieties, 
as  I  consider  it,  of  this  Chamber,  as  to  make  the  allu 
sions  they  do.  It  is  done  merely  to  stimulate  a  preju 
dice  which  exists  against  a  race  already  trampled  under 
foot.  I  refer  to  the  allusions  to  white  people  embracing 
colored  people  as  their  brethen,  and  the  invitations  by 
senators  to  white  men  and  white  women  to  marry  col 
ored  people.  Now,  sir,  if  we  were  to  descend  into  an 
investigation  of  the  facts  on  that  subject,  it  would  bring 
the  blush  to  the  cheeks  of  some  of  these  gentlemen.  I 
once  had  occasion  to  direct  the  attention  of  the  Senate 
to  an  illustrious  example  from  the  State  of  the  senator 
who  inquired  if  any  of  us  would  marry  a  greasy  old 
wench.  It  is  history,  that  an  illustrious  citizen  of  his 
State,  who  once  occupied  officially  the  chair  that  you, 
sir,  now  sit  in,  lived  notoriously  and  publicly  with  a 
negro  wench,  and  raised  children  by  her.  ...  I  re 
fer  to  a  gentleman  who  held  the  second  office  in  the 
gift  of  the  American  people ;  and  I  never  yet  have 
heard  a  senator  on  this  floor  denounce  the  conduct  and 
the  association  of  that  illustrious  citizen  of  our  country. 
I  know  of  a  family  of  colored  or  mulattq  children, — the 

5* 


54  THE   ABOLITION   OF   SLAVERY 

children,  too,  of  a  gentleman  who  very  recently  occu 
pied  a  seat  on  the  other  side  of  the  Chamber,  —  who  are 
now  at  school  in  Ohio ;  yes,  sir,  the  children  of  a 
senator,  who  very  recently,  not  to  exceed  a  year  since, 
occupied  a  seat  on  this  floor,  a  senator  from  a  slave 
State.  I  do  not  desire  to  consume  the  time  of  the 
Senate  and  of  the  country  in  calling  attention  to  these 
iacts  ;  it  is  humiliating  enough  to  know  that  they  exist : 
but,  if  senators  who  represent  slaveholding  States  will 
perpetually  drag  this  subject  to  the  attention  of  the  Sen 
ate  and  of  the  country,  let  them  take  the  logic? J.  conse 
quences  of  their  own  folly,  and  bear  the  shame  which 
an  investigation  of  facts  must  inflict  on  themselves  and 
their  constituents." 

Mr.  Saulsbury  followed  in  reply  to  Mr.  Harlan,  and 
closed  by  saying,  "Senators,  abandon  now,  at  once 
and  for  ever,  your  schemes  of  wild  philanthropy  and 
universal  emancipation ;  proclaim  to  the  people  of  this 
whole  country  everywhere,  that  you  mean  to  preserve 
the  Union  established  by  Washington  and  Jefferson 
and  Madison  and  the  fathers  of  the  Republic,  and  the 
rights  of  the  people  as  secured  by  that  glorious  instru 
ment  which  they  helped  to  frame,  and  your  Union 
never  can  be  destroyed :  but  go  on  with  your  wild 
schemes  of  emancipation,  throw  doubt  and  suspicion 
upon  every  man  simply  because  he  fails  to  look  at  your 
questions  of  wild  philanthropy  as  you  do,  and  the  God 
of  heaven  only  knows,  after  wading  through  scenes  be 
fore  which  even  the  horrors  of  the  French  revolution 
'pale  their  ineffectual  fires,'  what  ultimately  may  be  the 
result." 

Mr.  Wilkinson   (Rep.)   of  Minnesota  addressed  the 


IX    THE    DISTRICT    OF   COLUMBIA.  55 

Senate,  on  the  26th  of  March,  in  an  earnest  and  elo 
quent  speech  in  favor  of  the  bill.  "If  there  be  a  place \ 
upon  the  face  of  the  earth,"  he  said,  "where  human 
slavery  should  be  prohibited,  and  where  every  man 
should  be  protected  in  the  rights  which  God  and  Nature 
have  given  him,  that  place  is  the  capital  of  this  great 
Republic.  It  is  an  insult  to  the  enligntened  public  sen 
timent  of  the  age,  that  those  who  meet  here  from  the 
free  States  of  the  Union,  and  the  representatives  of  the 
free  governments  of  the  earth, — lovers  of  liberty, — 
should  be  compelled,  in  the  capital  of  this  free  Republic, 
daily  to  witness  the  disgusting  and  shocking  barbarities 
which  a  state  of  human  slavery  continually  presents  to 
their  view.  It  is  a  shame,  that  here,  upon  common 
ground,  the  representatives  of  the  loyal  and  free  North, 
those  who  have  never  failed  to  discharge  every  duty  to 
their  country,  should  be  treated  with  contumely  and 
contempt,  and  even  hissed,  as  they  have  been  in  the 
Capitol  of  the  nation  and  in  the  galleries  of  the  Senate, 
by  the  slaveholding  influence  of  this  District."  At  the 
close  of  Mr.  Wilkinson's  speech,  the  vote  was  taken  on 
Mr.  Saulsbury's  proposition  to  colonize  the  liberated 
slaves  among  the  loyal  States,  and  it  was  unanimously 
rejected ;  Mr.  Saulsbury  finally  voting  against  his  own 
amendment. 

On  Monday,  the  31st  of  March,  the  Senate  resumed 
the  consideration  of  the  bill ;  and  Mr.  Sumner  addressed 
the  Senate  in  an  elaborate  and  eloquent  speech  in  favor 
of  its  speedy  passage.  He  said,  "Mr.  President,  with 
unspeakable  delight  I  hail  this  measure,  and  the  prospect 
of  its  speedy  adoption.  ...  It  is  the  first  instalment  of 
that  great  debt  which  we  all  owe  to  an  enslaved  race, 


56  THE    ABOLITION    OF    SLAVERY 

and  will  be  recognized  in  history  as  one  of  the  victories 
of  humanity.  At  home,  throughout  our  own  country,  it 
will  be  welcomed  with  gratitude ;  while  abroad  it  will 
quicken  the  hopes  of  all  who  love  freedom.  Liberal 
institutions  will  gain  everywhere  by  the  abolition  of 
slavery  at  the  national  capital.  Nobody  can  read  that 
slaves  were  once  sold  in  the  markets  of  Rome,  beneath 
the  eyes  of  the  sovereign  pontiff,  without  confessing  the 
scandal  to  religion,  even  in  a  barbarous  age ;  and  no 
body  can  hear  that  slaves  are  now  sold  in  the  markets 
of  Washington,  beneath  the  eyes  of  the  President,  with 
out  confessing  the  scandal  to  liberal  institutions.  For 
the  sake  of  our  good  name,  if  not  for  the  sake  of  justice, 
let  the  scandal  disappear.  .  .  .  Amidst  all  present  solici 
tudes,  the  future  cannot  be  doubtful.  At  the  national 
capital,  slavery  will  give  way  to  freedom  :  but  the  good 
work  will  not  stop  here  ;  it  must  proceed.  What  God 
and  Nature  decree,  rebellion  cannot  arrest.  And  as  the 
whole  wide-spread  tyranny  begins  to  tumble,  —  then, 
above  the  din  of  battle,  sounding  from  the  sea  and 
echoing  along  the  land,  above  even  the  exultations  of 
victory  on  well-fought  fields,  will  ascend  voices  of  glad 
ness  and  benediction,  swelling  from  generous  hearts 
wherever  civilization  bears  sway,  to  commemorate  a 
sacred  triumph,  whose  trophies,  instead  of  tattered  ban 
ners,  will  be  ransomed  slaves." 

On  the  1st  of  April,  Mr.  Wright  (Union)  of  Indiana 
spoke  in  opposition  to  the  enactment  of  the  measure. 
He  had  presented  a  bill  for  the  abolition  of  slavery  in 
the  District  of  Columbia,  being  in  substance  the  measure 
proposed  by  Mr.  Lincoln  in  1848.  It  provided  for  the 
gradual  extinction  of  slavery.  He  thought,  "  if  slavery 


IX    THE    DISTRICT    OF    COLUMBIA.  57 

was  let  alone,  there  would  be  no  slavery  here  in  ten 
years."  The  pending  question  being  the  amendment 
offered  by  Mr.  Pomeroy  "  to  settle  the  account  between 
master  and  slave,"  he  said  he  had  offered  the  amendment 
in  good  faith,  as  a  friend  of  the  measure,  so  that  "the 
commission  could  weigh  out  justice,  give  compensation 
where  it  was  due." — "The  fundamental  law  of  the  land," 
declared  Mr.  Fessenden  (Rep.)  of  Maine,  "is  broad 
and  clear.  We  need  no  excuse  on  the  subject  at  all. 
Congress,  under  the  Constitution,  is  gifted  with  all 
power  of  legislation  over  this  District,  and  may  do  any 
thing  in  it  that  any  legislature  can  do  in  any  State  of 
the  Union,  unless  expressly  restrained  by  the  Consti 
tution  which  gives  it  its  powers;  and  there  being  a 
specific  grant  of  all  powers  of  legislation  in  this  Dis 
trict,  and  there  being  no  restraint  upon  it  which  would 
touch  the  question,  it  follows  as  a  matter  of  necessity  that 
the  constitutional  power  exists  ;  and  it  includes  as  well 
the  power  to  vote  money.  .  .  .  This  question  of  the 
abolition  of  slavery  in  the  District  of  Columbia,  I  have 
stated,  has  been  one  that  has  always  been  near  to  my 
heart.  Gentlemen  say  it  is  a  bad  time  to  take  it  up  : 
it  will  be  attended  with  injury.  With  regard  to  one 
point  of  injury,  I  have  spoken ;  but  do  gentlemen 
believe  any  other  injury  is  to  follow  ?  Whom  do  we 
injure?  The  slaves?  The  slave  will  bear  the  injury. 
Do  we  injure  the  owner  ?  What  claim  have  the  owners 
of  slaves  in  the  District  of  Columbia  upon  us  ?  They 
have,  in  my  judgment,  been  holding  slaves  here  without 
law  since  the  foundation  of  the  Government ;  and  they 
have  been  able  to  do  it,  because  it  has  been  in  their 
power  to  secure  a  majority  always  in  Congress  which 


58  THE    ABOLITION   OF   SLAVERY 

was  invincible,  that  could  not  be  overcome."  Mr. 
Davis  moved  to  strike  out  the  proviso  to  the  third 
section,  limiting  the  average  sum  to  be  paid  to  three 
hundred  dollars,  —  yeas  11,  nays  30. 

Mr.  Browning  (Kep.)  of  Illinois  "never  doubted  the 
existence  of  the  power  in  Congress,  under  the  Consti 
tution,  to  pass  this  or  any  other  legislative  measure 
affecting  the  District  of  Columbia.  The  grant  of 
power  is  as  broad  and  ample  as  it  is  possible  for  our 
language  to  make  it."  Mr.  Clark  (Rep.)  of  New 
Hampshire  moved  an  -amendment  of  eleven  sections, 
as  a  substitute  for  the  original  bill.  "I  do  not  pro 
pose  this  amendment,"  he  said,  "for  the  purpose  of 
impeding  the  passage  of  the  bill,  or  of  impeding  the 
abolition  of  slavery  in  this  District.  I  desire  to  accom 
plish  it.  It  is  a  measure  to  which  I  gave  my  heart 
long  ago,  and  it  is  a  measure  to  which  I  am  ready 
and  desirous  to  give  my  hand  now.  I  do  it  with  the 
intention  of  offering  to  the  Senate  a  better  bill,  as  I 
conceive  it  to  be."  Mr.  Morrill,  in  reply  to  Mr.«Clark, 
asserted  "that  this  bill  originally,  as  submitted  to  the 
committee,  was  prepared  with  very  great  care,  and  it 
has  received  the  best  consideration  that  the  committee 
was  able  to  bestow  upon  it ;  and  I  will  say  to  my  hon 
orable  friend  who  criticises  the  original  bill,  and  who 
thinks  that  his  is  much  better,  that  there  was  not  a 
single  question  to  which  he  alludes  that  did  not  receive 
the  attention  of  the  committee  ;  and,  if  I  understand  the 
bill  of  the  committee,  there  is  not  a  single  provision  of 
his  bill  but  is  provided  for  in  the  bill  of  the  com 
mittee,  except  the  feature  of  referring  it  to  the  Court 
of  Claims."  Mr.  Willey  proposed  to  amend  Mr.  Clark's 


IN    THE    DISTRICT    OF    COLUMBIA.  59 

amendment  so  as  to  submit  the  bill  to  the  legal  voters 
of  the  District.  Mr.  Willey  averred  that  he  intended 
to  vote  for  the  President's  resolution  tendering  the  aid 

c5 

of  the  Government  to  the  loyal  States.  "It  meets," 
he  said,  "my  approbation  ;  and  the  more  I  think  about 
it,  the  more  I  believe  it  is  correct,  and  that  it  will  be 
a  balm  to  heal  the  bleeding  wounds  of  our  country  at 
last."  —  "  If  we  are  going,"  said  Mr.  Pomeroy,  "  to  leave 
this  question  to  the  people  to  vote  upon  it,  I  insist  that 
the  senator  from  Virginia  should  amend  his  amendment 
by  striking  out  at  least  two  words,  *  free  white.'  If  he 
will  strike  out  those  two  words,  and  let  every  person 
who  has  arrived  at  the  age  of  twenty-one  years  vote, 
there  will  at  least  be  fairness  in  submitting  this  question 
to  a  vote  of  the  people.  As  the  question  affects  both 
parties  alike,  and  as  it  is  as  much  for  the  interest  of  the 
colored  man  as  the  white  man,  I  should  like  to  know 
why  he  may  not  vote  on  it."  Mr.  Willey's  amendment 
was  rejected,  —  yeas  13,  nays  24. 

Mr.. Clark  moved  to  strike  out  the  third  section  of 
the  original  bill,  and  insert  a  new  section  in  lieu  of  it. 
This  amendment  was  advocated  by  Mr.  Clark,  opposed 
by  Mr.  Morrill,  and  rejected.  Mr.  Wright,  on  the 
2d  of  April,  presented  the  memorial  of  the  Board  of 
Aldermen  of  Washington,  expressing  "the  opinion  that 
the  sentiment  of  a  large  majority  of  the  people  of  this 
community  is  adverse  to  the  unqualified  abolition  of 
slavery  in  this  District  at  the  present  critical  juncture  in 
our  national  affairs." 

Mr.  Davis  of  Kentucky  made  a  very  long,  desultory 
harangue  against  the  bill  and  all  kindred  measures. 
"Massachusetts,"  he  said,  "was  the  hot-bed,  the  very 


60  TIIE   ABOLITION    OF    SLAVERY 

place  of  origin,  of  every  political  heresy  that  has  been 
set  up  in  any  part  of  the  country.  ...  I  hardly  know 
of  any  political,  religious,  or  social  mischievous  and 
noxious  ism  but  what  had  its  origin  in  Massachusetts. 
...  It  has  been  frequently  inquired,  '  What  brought 
about  this  war?'  I  shall  not  enter  into  that  subject  at 
any  length ;  but  I  will  tell  you  what  I  religiously  be 
lieve, that  the  States  of  Massachusetts  and  South 

Carolina  and  their  mischievous  isms  have  done  more  to 
bring  about  our  present  troubles  than  all  other  causes." 

Mr.  Morrill  said  in  reply,  that  "  the  sentiments  which 
the  honorable  senator  puts  forth  here  are  sentiments 
directly  adverse  to  the  principles  of  the  common  law. 
I  know  they  are  opinions  and  principles  reaching  far 
back  into  the  early  period  of  the  world ;  but  allow  me 
to  say  to  the  honorable  senator,  they  are  barbarian  in 
their  origin.  They  were  never  inculcated  and  never 
adopted  in  civilized  nations.  Where  civilization  has 
advanced,  where  the  doctrines  of  Christian  civilization 
are  recognized,  these  notions  are  held  to  be  antiquated, 
barbarian  ;  and  they  do  not  enter  into  the  jurisprudence 
of  any  civilized  or  Christian  nation  on  the  globe." 

Mr.  M'Dougall,  on  the  3d,  addressed  the  Senate  in 
an  elaborate  speech  in  opposition  to  the  measure ;  and 
Mr.  Ten.  Eyck  preferred  a  system  of  gradual  emanci 
pation,  but  would  vote  for  the  original  bill  as  amended. 
He  was  not  sure  but  the  postponement  of  the  measure 
until  the  Border  slave  States  have  acted  on  the  Presi 
dent's  proposition  would  cure  the  evil.  "  If  Maryland 
and  Delaware  should  vote  to  abolish  slavery  according 
to  the  plan  proposed  by  the  President  and  the  resolution 
we  passed  yesterday,  slavery  in  this  District  would 


IN    THE   DISTRICT    OF    COLUMBIA.  61 

speedily  die  out  of  itself.  Like  an  exhausted  candle,  it 
would  flicker  in  its  socket,  and  soon  be  gone  for  ever, 
and  not  a  single  wave  of  popular  feeling  be  created  to 
disturb  or  agitate  the  surrounding  sections  of  country 
interested  in  the  institution."  Mr.  Sumner  moved  to 
amend,  by  introducing  in  the  fifth  section,  after  the 
words  "courts  of  justice,"  the  words  "without  the  ex 
clusion  of  any  witness  on  account  of  color."  Mr. 
Morrill  said  the  bill  provided  that  the  claimant  may 
be  summoned  before  the  commissioners,  and  that  the 
party  for  whose  service  compensation  is  claimed  may 
testify ;  but  the  amendment  extends  that  to  other  per 
sons,  and  he  did  not  object  to  it.  On  motion  of  Mr. 
Saulsbury,  the  yeas  and  nays  were  taken  on  Mr.  Surn- 
ner's  amendment,  —  yeas  26,  nays  10.  Mr.  Clark's 
substitute  was  rejected,  without  a  division. 

Mr.  Wright  moved  to  strike  out  all  after  the  enact 
ing  clause  of  the  bill,  and  insert  as  a  substitute  the 
amendment  he  had  proposed,  providing  for  a  system  of 
gradual  emancipation.  Mr.  Wright  declared  he  had 
offered  it  "  because  it  embodies  principles  which  I  like. 
The  object  of  presenting  it  as  an  amendment  is,  that, 
if  adopted,  it  may  be  referred  back  to  the  committee 
for  perfection."  The  amendment  was  rejected, — yeas 
10,  nays  27. 

Mr.  Clark  moved  to  insert  at  the  end  of  section  two, 
"  that  he  has  not  borne  arms  against  the  United  States 
during  the  present  Rebellion."  Mr.  Trumbull  moved 
to  add  that  "  the_  oath  of  the  party  to  the  petition  shall 
not  be  evidence  of  the  facts  therein  stated ;  "  and  the 
amendment  to  the  amendment  was  agreed  to,  and 
the  amendment  as  amended  adopted.  Mr.  Browning 


62  THE    ABOLITION    OF    SLAVERY 

moved  to  make  the  sum  appraised  and  apportioned  five 
in  lieu  of  three  hundred  dollars,  one-half  to  be  paid  to 
the  master,  and  the  other  half  paid  to  the  slave,  on 
satisfactory  evidence  that  he  has  removed  and  settled 
outside  the  United  States.  Mr.  Browning  would  com 
bine  emancipation  and  colonization.  "I  believe,"  he 
declared,  "that  we  cannot  do  any  substantial  good  to 
the  colored  people  of  this  country  without  combining 
with  whatever  action  we  take  upon  this  subject  a  system 
of  colonization,  or  adopting  measures  that  will  lead  to 
voluntary  colonization  on  their  part.  It  is  not  legal 
and  political  equality  and  emancipation  alone  that  can 
do  much  for  the  elevation  of  the  character  of  these 
people.  "VVe  may^confer  upon  them  all  the  legal  and 
political  rights  we  ourselves  enjoy  :  they  will  still  be  in 
our  midst,  a  debased  and  degraded  race,  incapable  of 
making  progress,  because  they  want  that  best  element 
and  best  incentive  to  progress,  social  equality,  which 
they  never  can  have  here."  —  "  Why  does  not  the  gen 
tleman,"  asked  Mr.  Wilmot,  "make  his  amendment 
consistent  with  his  argument,  and  propose  compulsory 
colonization?  If  the  races  cannot  live  together,  then 
surely  we  should  adopt  compulsory  emigration.  The 
amendment  of  the  senator  goes  but  a  short  way  towards 
the  argument  that  he  advances." 

r  This  inducement,"  replied  Mr.  Browning,  "  for 
voluntary  emigration,  is  perfectly  consistent  with  all 
that  I  have  said  on  that  point.  I  do  not  propose  now 
to  discuss  a  system  of  compulsory  emigration.  AVe 
are  acting  upon  too  small  a  scale  to  justify  us  in  broach 
ing  so  momentous  a  question  as  that  is  at  this  time. 
The  time  may  come,  the  time  possibly  will  come,  when 


IN    THE    DISTKICT    OF    COLUMBIA.  63 

compulsory  colonization  may  be  found  necessary  for 
the  good  of  both  races  ;  and,  if  it  does  come,  I  appre 
hend  I,  for  one,  shall  be  found  ready  to  meet  it,  and  to 
take  my  share  of  the  responsibility  of  enforcing  it." 
Mr.  Browning's  amendment  was  rejected. 

Mr.  Collamer  (Rep.)  of  Vermont,  for  the  better 
security  of  emancipated  persons,  moved  to  add  two 
additional  sections,  providing  that  the  claimants  shall 
file,  with  the  clerk  of  the  Circuit  Court  in  the  District, 
descriptive  lists  of  the  persons  for  whom  they  claim 
compensation  ;  and  that  the  clerk  shall  give  on  demand, 
to  each  person  made  free  or  manumitted  by  this  act,  a 
certificate  under  the  seal  of  said  court,  setting  out  the 
name  and  description  of  such  person,  and  stating  that 
such  person  was  duly  manumitted  and  made  free  by 
virtue  of  this  act ;  and  these  provisions  were  incor 
porated  in  the  bill.  Mr.  M'Dougall  offered  as  a  sub 
stitute  the  amendment  previously  offered  by  Mr.  Wright 
and  rejected,  —  yeas  10,  nays  25.  The  bill  was  then 
reported  to  the  Senate,  and  the  amendments  adopted  in 
Committee  of  the  Whole  concurred  in. 

Mr.  Doolittle  thought  his  amendment  appropriating  a 
hundred  thousand  dollars  to  aid  in  th%  colonization  and 
settlement  of  such  free  persons  of  African  descent  as  may 
desire  to  emigrate  to  the  republics  of  Hayti  or  Liberia, 
or  such  other  country  beyond  the  limits  of  the  United 
States  as  the  President  may  determine,  had  been  voted 
down  because  some  senators  thought  it  connected  in 

O 

some  way  with  a  system  of  compulsory  colonization. 
He  renewed  his  amendment,  and  demanded  the  yeas 
and  nays  ;  and  they  were  ordered,  — yeas  27,  nays  10. 
"I  regard  the  bill,"  said  Mr.  Powell,  "  as  unconstitu- 


64  THE    ABOLITION    OF    SLAVERY 

tional,  impolitic,  unjust  to  the  people  of  the  District 
of  Columbia,  and  bad  faith  to  the  people  of  Virginia 
and  Maryland.  .  .  .  This  bill  is  unjust  to  the  people 
of  the  District  of  Columbia,  because  it  deprives  them  of 
one  of  their  domestic  institutions.  It  is  unjust  to  them 
in  another  respect ;  because,  while  you  pretend  to  pay 
them,  you  do  not  give  them  a  fourth  of  the  value  of 
their  property.  The  highest  amount  you  give  a  citizen 
for  his  negro  is  three  hundred  dollars,  while  every  one 
in  this  Senate  knows  that  many  of  those  negroes  are 
worth  three  or  four  times  that  amount."  Mr.  "Wilson 
of  Massachusetts  remarked,  that  the  senator  from 
Kentucky  was  mistaken.  "The  average  sum  to  be 
paid  is  three  hundred  dollars  ;  but  for  some  may  be  paid 
eight  or  nine  hundred  or  a  thousand  dollars,  and  for 
others  but  a  very  small  sum  indeed."  Mr.  Bayard 
(Dem.)  of  Delaware  had  hoped  "to  obtain  the  floor, 
on  the  passage  of  the  bill,  at  an  earlier  hour  ;  and  though 
it  is  certainly,  personally,  very  inconvenient  to  me  to 
speak  at  this  time,  I  have  to  perform  a  duty  which  I 
owe,  not  to  my  own  constituents,  for  they  have  no  par 
ticular  nor  immediate  interest  in  the  bill,  but  a  duty 
that  I  think  I  owe,  as  a  member  of  this  body,  to  my 
country.  ...  I  concede,  without  the  slightest  reser 
vation,  that  the  authority  of  the  General  Government 
over  the  District  of  Columbia  is  precisely  the  same  as 
the  authority  of  a  State  over  its  territory ;  that  TOO  con 
stitutional  objection  can  arise  to  the  action  of  Congress 
in  abolishing  slavery  in  this  District,  other  than  those 
that  could  be  made  within  the  boundaries  of  a  State 
under  similar  provisions  of  a  State  constitution.  The 
effect  of  this  bill,  in  my  judgment,  will  be  deleterious, 


IN    THE    DISTRICT   OF    COLUMBIA.  65 

and  most  deleterious  first  to  the  city  of  Washington, 
next  to  the  State  of  Maryland,  then  to  the  State  of 
Virginia,  and  then  by  the  effect  of  its  indirect  influence 
to  the  State  of  Kentucky  and  the  State  of  Missouri ; 
and,  if  you  succeed  in  compelling  by  force  of  arms  the 
other  slaveholding  States  to  return  into  the  Union,  the 
effect  will  permeate  through  the  entire  mass  of  those 
States." 

At  the  close  of  Mr.  Bayard's  speech,  the  presiding 
officer  stated  that  the  question  was  on  .the  passage  of 
the  bill,  upon  which  the  yeas  and  nays  had  been 
ordered.  The  question  was  taken,  and  resulted  — 
yeas  29,  nays  14.  Thus  the  bill  "for  the  release  of 
certain  persons  held  to  service  or  labor  in  the  District 
of  Columbia,"  introduced  by  Mr.  Wilson  into  the  Sen 
ate,  Dec.  16,  1861,  passed  the  Senate,  April  3,  1862. 

In  the  House  of  Representatives,  on  the  10th  of 
April,  Mr.  Stevens  (Rep.)  of  Pennsylvania  moved  that 
the  House  resolve  itself  into  the  Committee  of  the  Whole 
on  the  State  of  the  Union.  The  motion  was  agreed  to  ; 
and  Mr.  Stevens  moved  that  all  the  preceding  bills 
on  the  calendar  be  laid  aside,  and  that  the  committee 
take  up  the  bill  for  the  abolition  of  slavery  in  the  Dis 
trict  of  Columbia.  Mr.  Webster  (Union)  of  Maryland 
objecting,  the  chairman,  Mr.  Dawes  (Rep.)  of  Massa 
chusetts,  stated  that  he  would  call  the  calendar  in  order. 
Mr.  Stevens  said  he  would  move  to  lay  the  bills  aside 
until  he  reached  the  bill  he  had  indicated.  When  the 
Senate  bill  for  the  abolition  of  slavery  in  the  District 
of  Columbia  was  reached,  Mr.  Webster  moved  to  lay 
it  aside ;  but  the  motion  failed,  and  the  bill  was  before 
the  Committee  of  the  Whole  for  consideration.  "I 


66  THE   ABOLITION   OF    SLAVERY 

avail  myself,"  said  Mr.  Thomas  (Opp.)  of  Massachu 
setts,  "of  the  indulgence  of  the  committee  to  make 
some  suggestions  upon  subjects  now  attracting  the 
attention  of  Congress  and  of  the  country,  —  the  rela 
tion  of  the  '  seceded  States '  (so  called)  to  the  Union, 
the  confiscation  of  property,  and  the  emancipation  of 
slaves  in  such  States." 

On  the  llth,  Mr.  Stevens  moved  that  the  debate 
upon  the  bill  be  closed  in  one  hour  after  the  Committee 
of  the  Whole  resumes  its  consideration  ;  but  the  motion 
was  lost,  —  yeas  57,  nays  64.  Mr.  Nixon  (Rep.)  of 
New  Jersey  said,  "The  gradual  emancipation  of  the 
slave  would  have  been  more  in  harmony  with  the  past 
modes  of  dealing  with  this  question,  and  more  in  accord 
ance  with  my  views  of  public  policy.  But  if  immediate 
emancipation,  with  just  compensation,  shall  prove  to  be 
the  sentiment  of  the  House,  I  am  prepared  to  exercise 
an  express  constitutional  power,  and  vote  to  remove  for 
ever  the  blot  of  slavery  from  the  national  capital." 
Mr.  Blair  (Rep.)  of  Missouri  said,  "The  charge  has 
frequently  been  heard  here  and  elsewhere,  that  the  Pres 
ident  is  without  a  policy  in  his  administration.  I  shall 
endeavor  to  show  that  this  imputation  is  unfounded,  to 
explain  my  conceptions  of  his  policy,  and  to  demon 
strate  that  it  is  wise  in  every  aspect,  and  commends 
itself  to  the  lovers  of  the  Union  and  of  freedom."  Mr. 
Crittenden  (Union)  of  Kentucky  followed  in  opposition 
to  the  bill  and  to  the  policy  of  emancipation.  "  You 
may  produce,"  he  said,  "  much  mischief  by  this  measure. 
What  is  the  good?  Slavery  has  been,  under  one  influ 
ence  or  another,  disappearing  from  this  district  for 
years.  It  has  been  decaying  and  going  out.  Your  bill 


IN    THE    DISTRICT    OF    COLUMBIA.  67 

would  not,  probably,  have  a  thousand  slaves  to  act 
upon.  What,  then,  is  the  deep  anxiety  to  pass  this 
measure?  Why  should  Congress,  at  a  time  like  this, 
devote  its  attention  with  so  much  earnestness,  and  appa 
rently  with  so  much  purpose,  to  this  measure?  Let 
slavery  alone.  It  will  go  out  like  a  candle.  No  dis 
turbance  will  follow  it.  No  violation  of  public  feeling 
will  follow.  No  apprehension  will  result  from  it.  This 
measure  will  create  discontent  among  the  people  else 
where,  and  will  lead  them  to  consider  it  but  as  an  au 
gury  of  what  is  to  come  afterwards.  The  good  you  can 
do  by  it  is  little,  is  minute,  in  comparison  to  the  great 
question  involved."  —  "We  are  deliberating  here  to 
day,"  said  Mr.  Bingham  of  Ohio,  "upon  a  bill  which 
illustrates  the  great  principle  that  this  day  shakes  the 
throne  of  every  despot  upon  the  globe ;  and  that  is, 
whether  man  was  made  for  government,  or  government 
made  for  man.  Those  who  oppose  this  bill,  whether 
they  intend  it  or  not,  by  recording  their  votes  against 
this  enactment,  reiterate  the  old  dogma  of  tyrants,  that 
the  people  are  made  to  be  governed,  and  not  to  govern. 
I  deny  that  proposition.  I  deny  it,  because  all  my  con 
victions  are  opposed  to  it.  I  deny  it,  because  I  am  sure 
that  the  Constitution  of  my  country  is  against  it.  I 
cannot  forget,  if  I  would,  the  grand  utterance  of  one  of 
the  illustrious  men  of  modern  times,  —  of  whom  Guizot 
very  fitly  said,  that  his  thoughts  impress  themselves 
indelibly  wherever  they  fall,  —  standing  amid  the  despot 
isms  of  Europe,  conscious  of  the  great  truth  that  all 
men  are  of  right  equal  before  the  law,  that  thrones  may 
perish,  that  crowns  may  turn  to  dust,  that  sceptres  may 
be  broken  and  empires  overthrown,  but  that  the 


68  THE    ABOLITION   OF    SLAVERY 

rights  of  men  are  perpetual,  he  proclaimed  to  listening 
France  the  strong,  true  words,  '  States  are  born,  live, 
and  die  upon  the  earth ;  here  they  fulfil  their  destiny  : 
but,  after  the  citizen  has  discharged  every  duty  that  he 
owes  to  the  State,  there  abides  with  him  the%  nobler  part 
of  his  being,  his  immortal  faculties,  by  which  he  ascends 
to  God  and  the  unknown  realities  of  another  life.'  I 
would  illustrate  that  utterance  of  the  French  thinker  by 
incorporating  in  our  legislation  this  day  a  provision,  that 
every  human  being,  no  matter  what  his  complexion, 
here  within  the  limits  of  the  capital  of  the  Republic, 
shall  be  secure  in  the  enjoyment  of  his  inherent  rights  ; 
that  the  citizen  is  more  than  the  State  ;  that  the  protec 
tion  of  his  rights  is  of  more  concern  than  any  or  all 
mere  State  policies.  I  would  pass  this  bill,  not  only  for 
the  sake  of  giving  present  relief  to  the  unfortunate 
human  beings  for  whose  special  relief  it  is  designed,  and 
who,  if  I  am  rightly  informed,  are  being  carried  hourly 
away  from  your  capital  in  order  to  perpetuate  their  too- 
long-endured  captivity,  not  only  to  burst  their  fetters, 
not  only  to  kindle  a  new  joy  in  their  humble  homes  by 
inspiring  in  them  a  sense  of  personal  security  and  safety, 
but  I  would  pass  this  bill  for  the  purpose  as  well  of 
giving  a  new  assurance  that  the  Republic  still  lives,  and 
gives  promise  not  to  disappoint  the  hopes  of  the  strug 
gling  nations  of  the  earth." 

"A  great  truth,"  said  Mr.  Riddle  (Rep.)  of  Ohio, 
"  is  \veakened  by  what  men  call  elucidation.  Illustra 
tion  obscures  it ;  logic  and  argument  compromise  it ; 
and  demonstration  brings  it  to  doubt.  He  who  per 
mits  himself  to  be  put  on  its  defensive  is  a  weak  man 
or  a  coward.  A  great  truth  is  never  so  strong  as 


IN   THE    DISTRICT    OF   COLUMBIA.  69 

when  left  to  stand  on  its  simple  assertion.  The  thing 
right  for  ever  remains  right,  under  all  possible  cir 
cumstances  and  conditions,  in  all  times,  places,  and 
seasons.  Nor  can  it  be  changed  at  all.  Not  all  power, 
nor  the  combination  of  all  power,  no  matter  how 
employed  or  applied,  can  change  it  in  the  least.  It 
matters  not  at  all  how  men  call  it :  though  the  unani 
mous  world  conspire  to  call  it  ill,  and  tag  it  out  with  all 
vile  epithets ;  though  all  obscene  mouths  make  it  com 
mon,  and  lewd  tongues  toss  it  into  sewers,  and  delicate 
and  refined  ears  may  not  hear  it,  —  it  is  nowise  changed. 
No  matter  what  ill  happens  to  it ;  though  cast  out, 
exiled,  banished,  and  outlawed,  marked  and  for  ever 
banned,  made  leprous  with  contumely  and  reproach  ; 
though  prisoned,  tried,  condemned,  and  executed,  and 
its  body,  like  carrion,  cast  to  vultures,  —  it  still  lives, 
is  still  right ;  holds  its  old  place  and  old  sceptre.  Nor 
can  any  man,  by  any  power,  under  any  circumstances, 
for  any  thing,  be  absolved  from  the  allegiance  he  owes 
it."  —  "I  did  not  rise,"  said  Mr.  Fessenden  (Rep.)  of 
Maine,  "  to  discuss  the  merits  of  this  bill.  The  hour 
for  its  discussion  has  passed.  The  hour  in  which  to  put 
upon  it  the  seal  of  the  nation  has  come.  I  trust  it  is, 
indeed,  the  harbinger  of  that  brighter,  brightest  day  at 
hand,  when  slavery  shall  be  abolished  wherever  it  exists 
in  the  land.  This  will  be  the  one  finality  which  will 
give  us  a  righteous  and  a  lasting  peace." 

Mr.  Rollins  (Rep.)  of  New  Hampshire  said,  "It  is 
one  of  the  most  beautiful  traits  of  human  nature,  that 
while  the  sons  of  men  are  struggling  to  bear  the  burdens 
of  human  life,  and  perform  the  works  assigned  to  our 
common  nature,  they  sometimes  step  aside,  or  stop  in 


70  THE    ABOLITION    OF    SLAVERY 

their  way,  to  minister  to  the  wants  of  the  needy,  who, 
sitting  by  the  wayside,  lift  their  eyes  and  hands  to  beg 
for  charity.     This  nation,  which,   like  a  giant,  walks 
along  the  pathway  of  nations,    girded    as  with    iron, 
sternly  to  meet  and  overwhelm  its  fratricidal  foes,  while 
marching  steadily  on  to  its  work,  feels  it  no  hinderance 
to  listen  to  the  humble   cry  of  a  few  hundred  of  its 
feeblest  children  who  grind  in  the  prison-house  of  its 
deadly  foe.     The  abolition  of   slavery  in  the  District 
of  Columbia  is,  to  the  few  slaves  therein,  a  deed  of  jus 
tice  and  mercy  that  this  people  cannot  omit  to  perform 
at  this  golden  opportunity.      Slavery  has  forfeited  all 
claims  to  any  implied  obligation  for  immunity  in  the 
capital  of  the  nation  by  its  mad  attempt  to  tear  down 
the  pillars  of  that  Government  under  which  it  claimed 
protection.     Justice  demands  that  the  arch  enemy  of 
our  Government  and  instigator  of  all  our  present  calam 
ity,  who  still  lurks  in  this  chosen  centre  of  the  Republic, 
as  Satan  did  in  the  garden  of  Eden,  should  be  expelled, 
and  that  the  glittering  sword  of  power  should  guard  the 
gate   against  its   entrance   for   evermore.     Mercy  —  if 
the  act  of  emancipation  may  have  that  quality  —  de 
mands  for  the  victims  of  this  too-long-endured  oppres 
sion  their  restoration  to  the  primal  rights  of  humanity. 
This  is  the  quality  that  will  give  to  this  act,  about,  as 
I  trust,  to  be  consummated,   its  crowning  grace  and 
virtue,  and  commend  it  to  the  admiration  of  good  men 
all  over  the  world,  and  win  for  it  the  approval  of  Heaven, 
where  mercy  has  its  seat."-     "Of  the  moral  effects  of 
the  measure  upon  the  country  and  upon  the  world," 
said  Mr.   Blake   (Rep.)  of  Ohio,  "I  need  not  speak. 
That  it  will  elevate  us  in  the  eyes  of  all  civilized  nations, 


IN    THE    DISTRICT    OF    COLUMBIA.  71 

is  not  doubted ;  that  it  will  awaken  a  thrill  of  patriotic 
pride  and  enthusiasm  in  the  great  heart  of  the  nation,  no 
man  doubts.  Even  the  opponents  of  emancipation  on 
this  floor  have  not  ventured  to  shock  the  moral  sense  of 
the  House  by  an  absolute  defence  of  slavery  as  a  thing 
desirable  in  itself.  No  man  has  ventured  to  assert  that 
the  measure  will  be  injurious  to  the  general  interests 
of  the  District.  The  respected  and  venerable  gentleman 
from  Kentucky  (Mr.  Crittenden)  did  declare  that  he 
was  no  friend  of  slavery  ;  that,  if  the  adoption  of  slavery 
were  now  an  original  proposition  before  the  House,  he 
would  vote  against  it.  I  rejoice,  sir,  at  such  declara 
tions  as  these,  coming,  as  I  have  no  doubt  they  do, 
from  a  truly  loyal,  patriotic  heart :  they  are  the  har 
binger  of  better  days  for  the  Eepublic.  But,  sir,  I 
expect  no  applause  in  South  Carolina  and  Mississippi 
for  the  passage  of  this  bill,  and  none  from  traitors  any 
where.  It  is  our  duty  to  abolish  slavery  here,  because 
Congress,  by  the  Constitution,  has  the  power  to  do  it; 
and,  slavery  being  a  great  wrong  and  outrage  upon  hu 
manity,  we  should  at  once  do  right,  and  pass  this  bill."' 
—  "I  would  rather  close  this  debate,"  said  Mr.  Van 
Horn  (Rep.)  of  New  York,  "and  come  directly  to  the 
vote  upon  it,  and  content  myself  with  recording  my 
name  in  its  favor.  Indeed,  it  needs  no  defence.  Upon 
its  face  it  bears  the  marks  of  humanity  and  of  jus 
tice.  Every  line  and  every  syllable  is  pregnant  with  a 
just  and  true  sentiment,  and  already  hallowed  with  the 
sublime  spirit  of  a  noble  purpose.  Throughout  it  there 
breathes  a  spirit  akin  to  that  which  runs  through  all  the 
wonderful  teachings  of  Him  who  spake  as  never  man 
spake,  and  inspired  the  hearts  of  those  whose  immortal 


72  THE    ABOLITION    OF    SLAVERY 

sayings  will  outlast  all  the  monuments  that  time  can 
erect."  Mr.  Ashley  (Rep.)  of  Ohio  said,  "The  struggles 
and  hopes  of  many  long  years  are  centred  in  this 
eventful  hour.  The  cry  of  the  oppressed,  f  How  long, 

0  Lord !  how  long  ? '  is  to  be  answered  to-day  by  the 
American  Congress.     A  sublime  act  of  justice  is  now 
to  be  recorded  where  it  will  never  be  obliterated  ;  and, 
so  far  as  the  action  of  the  representatives  of  the  people 
can  decree  it,  the  fitting  words  of  the  President,  spoken 
in  his  recent  special  message,  '  INITIATE  AND  EMANCI 
PATE,'  shall  have   a  life   co-equal  with  the  Republic. 
God  has  set  his  seal  upon  these  priceless  words ;    and 
they,  with  the  memory  of  him  who  uttered  them,  shall 
live  in  the  hearts  of  the  people  for  ever.     The  golden 
morn,  so  anxiously  looked  for  by  the  friends  of  freedom 
in  the  United  States,  has  dawned.     A  second  national 
jubilee  will  henceforth  be  added  to  the  calendar.     The 
brave  words  heretofore  uttered  in  behalf  of  humanity  in 
this   hall,  like  f  bread  cast  upon  the  waters,'  are  now 
r  to  return  after  many  days,'  and  find  vindication  of  their 
purposes  in  a  decree  of  freedom."  —  "Discussion  will 
go  on,"  said  Mr.  Hutchins  (Rep.)  of  Ohio,  "should  go 
on,  till  slavery  is  extinct.     It  has  only  a  f  contraband ' 
existence  anywhere.     It  has  rebelled  against  the  lawful 
and  rightful  authority  of  the  Government,  and  its  pres 
ence  is  in  the  way  of  permanent  peace.     Our  fathers 
honestly  supposed  that  it  would  disappear  before  the 
march  of  Christian  civilization.     They  were  mistaken. 
While  we  strive  to  imitate  their  wisdom,  and  seek  to  emu 
late  their  patriotism,  let  us  be  warned  by  their  mistake. 

1  am  more  anxious  to  vote  than  to  detain  the  committee 
longer  by  remarks.     This  bill  will  make  the  national 


IX   THE    DISTRICT   OF    COLUMBIA.  73 

capital  free ;  and  then  the  statue  of  Liberty,  fashioned 
by  our  own  Crawford,  will  be  a  fitting  ornament  on  the 
finished  dome  of  the  Capitol." 

Mr.  Stevens  moved  that  the  committee  rise,  for  the 
purpose  of  closing  the  debate ;  and  the  motion  was 
agreed  to.  Mr.  Stevens  then  moved  that  all  debate 
close  in  Committee  of  the  Whole  in  one  minute  after 
the  committee  shall  resume  the  consideration  of  the 
question.  Mr.  Richardson  (Dem.)  of  Illinois  moved 
to  amend,  so  as  to  allow  one  hour,  — yeas  56,  nays  73. 
Mr.  Wright  (Dein.)  of  Pennsylvania  moved  to  amend 
the  first  section  so  as  to  provide  "  that  this  act  shall 
not  go  into  operation  unless  the  qualified  citizens  of 
the  District  of  Columbia  shall,  by  a  majority  of  votes 
polled,  approve  and  ratify  the  same."  —  "I  would 
recommend  to  my  colleague,"  said  Mr.  Stevens,  "with 
great  respect,  an  amendment  in  another  document. 
It  is  somewhere  provided  that  the  wicked  shall  be 
damned.  I  would  suggest  to  my  colleague  that  he 
propose  a  proviso  to  that,  'providing  that  they  consent 
thereto.'  It  would  be  just  as  decent  an  amendment  as 
the  one  which  he  has  proposed."  Mr.  Wright's  amend 
ment  was  lost.  Mr.  Wadsworth  (Opp.)  of  Kentucky 
moved  to  strike  out  of  the  second  section  the  words, 
"loyal  to  the  United  States."  The  provision  he  "held 
to  be  unconstitutional."  —  "I  oppose,"  said  Mr.  Hick- 
man  (Rep.)  of  Pennsylvania,  "this  amendment.  My 
objection  is,  that  a  man  who  is  disloyal  forfeits  the  pro 
tection  which  he  would  otherwise  be  entitled  to  from 
the  Government ;  that  he  cannot  claim  the  protection 
of  the  Constitution  which  he  repudiates  and  attempts 
to  cast  off;  and  it  is  not  for  us  to  confer  rights  upon 

7 


74  THE   ABOLITION    OF    SLAVERY 

him  which  he  distinctly  disclaims."  Mr.  Wads  worth's 
amendment  was  rejected.  Mr.  Train  (Rep.)  of  Massa 
chusetts  said,  "I  offer  the  following  amendment  to  the 
third  section  : '  That  any  person  feeling  himself  aggrieved 
by  the  determination  of  the  commissioners  in  the  amount 
of  compensation  awarded,  may,  within  three  months 
from  the  time  when  the  final  report  of  said  commis 
sioners  shall  be  filed,  appeal  to  the  Circuit  Court  of  the 
United  States  for  the  District  of  Columbia,  and  either 
party  may  be. entitled  to  a  trial  by  jury  in  that  court, 
and  the  judgment  in  the  case  shall  be  final  upon  all 
parties.'  This  amendment,"  said  Mr.  Train,  "does  not 
affect  the  bill,  so  far  forth  as  it  goes  to  the  question  of 
emancipation,  but  simply  the  proceedings  in  fixing  the 
compensation."  Mr.  Train's  amendment  was  lost,  — 
ayes  53,  noes  63.  Mr.  Harding  (Opp.)  of  Kentucky 
moved  to  strike  out  the  proviso  limiting  the  sum  ap 
praised  to  $300.  "You  do  not,"  said  Mr.  Harding, 
"  consult  the  people  of  the  District  as  to  whether  they 
are  willing  to  sell  or  not.  Not  at  all.  You  have  the 
power  to  buy,  and  you  will  buy ;  you  have  the  power 
to  fix  your  own  price,  and  you  will  fix  it.  I  say 
I  have  more  respect  for  a  man  who  will  walk  up  and 
take  my  property,  without  thus  mocking  me  with  a 
consideration."  Mr.  Lovejoy  (Rep.)  of  Illinois  opposed 
the  amendment.  He  said,  "  The  gentleman  thinks  it  is 
worse  to  take  a  thing  for  one-half  of  its  value  than  it 
is  to  rob  a  man  of  his  property  outright,  if  I  understood 
his  remarks.  I  wonder  which  is  wrorse,  — to  rob  a  man 
of  his  horse,  or  to  rob  him  of  his  wife  and  child?  That 
is  the  question  I  would  like  to  ask  him.  Look  at  this 
which  I  hold  in  mv  hand  :  — 


IN   THE   DISTRICT   OF   COLUMBIA.  75 

'  GEORGETOWN,  D.C.,  June  12, 1861. 

'I  hereby  give  my  consent  to  let  James  Harod  have  the 
privilege  of  buying  his  wife  and  child  for  the  sum  of  $1,100. 
James  Harod  is  himself  free. 

4  Louis  MACKALL,  Jun.' 

"Now  talk  about  robbery.  Every  slave  here  has 
been  robbed  and  stolen,  and  every  man  who  holds  a 
slave  is  a  man-thief;  and  here,  in  this  nineteenth  cen 
tury,  in  the  Federal  city  of  this  Christian  Eepublic, 
lofty  and  eminent  among  the  nations  of  the  earth,  chal 
lenging  respect  and  imitation,  is  this  man,  Mackall, 
who  proposes  to  let  a  'free  man  have  the  privilege  of 
buying  his  wife  and  child,  which  he  had  stolen  from 
him,  for  eleven  hundred  dollars,  —  this  Mackall,  a 
woman-thief,  a  child-thief!  How  much  did  he  give 
for  this  woman  ?  He  took  her  for  a  debt.  And  here 
let  me  say,  for  fear  that  my  time  may  expire,  this 
woman-thief,  Mackall,  after  giving  a  pledge  that  this 
man  might  buy  his  own  wife  and  child,  flesh  of  his 
flesh,  and  bone  of  his  bone,  seized  the  woman  and 
child,  and  a  babe,  six  months  old,  born  since,  and 
sent  them  into  a  slave-pen  in  Baltimore ;  and  yet  here 
brazen  men  stand  up  and  talk  about  robbing,  be 
cause  we  give  only  three  hundred  dollars  apiece,  on  an 
average,  to  deliver  these  poor  oppressed  beings  from 
a  condition  of  brutism.  It  is  the  sublimity  of  impu 
dence." 

Mr.  Wickliffe  said,  "  I  have  no  hope  of  success ;  but 
I  feel  it  to  be  my  duty  to  move  to  strike  out  the  words, 
'  without  the  exclusion  of  any  witness  on  account  of 
color,'  where  they  occur.  I  presume  it  is  intended  to 
let  a  man's  servant  come  in,  and  swear  that  he  is  a 


76  THE    ABOLITION    OF    SLAVERY 

disloyal  man.  I  do  hope  the  friends  of  this  bill  will 
not  so  far  outrage  the  laws  of  this  District  as  to  author 
ize  slaves  or  free  negroes  to  be  witnesses  in  cases  of 
this  kind."  Mr.  Stevens  said,  "  I  trust  that  this  com 
mittee  will  not  so  far  continue  an  outrage  as  not  to 
allow  any  man  of  credit,  whether  he  be  black  or  white, 
to  be  a  witness  ; "  and  the  amendment  was  rejected. 

Mr.  Wickliffe  moved  to  strike  out  all  after  the  enact 
ing  clause,  and  insert  the  bill  moved  in  the  Senate  by 
Mr.  Wright  of  Indiana.  Mr.  Holman  (Rep.)  of 
Indiana  would  amend  the  amendment  by  striking  out 
the  fifth  section,  requiring  the  authorities  of  Washing 
ton  and  Georgetown  to  provide  active  and  efficient 
means  to  arrest  fugitive  slaves.  Mr.  Cox  (Dem.)  of 
Ohio  opposed  the  motion,  "  because,  if  the  bill  is  to 
pass  in  any  shape  at  all,  I  should  like  to  see  this  sub 
stitute  passed  in  its  entirety."  Mr.  Yallandigham 
(Dem.)  said  that  "there  were  not  ten  men  in  the 
Thirty-sixth  Congress  of  the  United  States  who  would 
have  recorded  their  votes  in  favor  of  the  abolition  of 
slavery  in  the  District  of  Columbia.  There  are  many 
on  that  side  of  the  House  who  believe  and  know  that 
assertion  to  be  true ;  and  yet  behold,  to-day,  what  is 
before  the  Congress  of  the  United  States  !  In  the 
language  of  the  distinguished  gentleman  from  Ken 
tucky,  f  availing  themselves  of  the  troubles  of  the  times  v' 
we  have  this  bill  brought  forward  as  the  beginning  of  a 
grand  scheme  of  emancipation  ;  and  there  is  no  calcula 
tion  where  that  scheme  is  to  end."  Mr.  Holman's 
motion  to  amend  the  amendment  was  rejected ;  and 
Mr.  Wickliffe's  amendment  was  lost,  —  ayes  34,  noes 
84. 


IN    THE    DISTRICT    OF    COLUMBIA.  77 

Mr.  Menzies  (Union)  of  Kentucky  moved  to  amend 
by  striking  out  all  after  the  enacting  clause,  and  insert 
ing  as  follows  :  "  That  the  children  of  persons  held  to 
service  for  life  in  the  District  of  Columbia,  who  may  be 
born  after  the  first  day  of  May,  1862,  shall  be  free ; 
and,  at  the  age  of  eighteen  years,  may  assert  their 
freedom  against  all  persons.  Any  person  who  may  be 
brought  into  said  District  after  the  first  day  of  May, 
1862,  for  the  benefit  of  his  or  her  owner  or  hirer,  shall 
thereby  become  free.  Any  person  who  may  deprive  a 
person  entitled  to  freedom,  according  to  the  first  section 
of  this  act,  of  the  power  and  means  of  asserting  such 
freedom,  shall  be  guilty  of  felony,  and  shall  be  punished, 
on  conviction  thereof  in  any  court  of  competent  juris 
diction,  by  confinement  in  the  penitentiary  not  less  than 
five  nor  more  than  twenty  years."  The  amendment 
was  disagreed  to. 

The  committee,  on  motion  of  Mr.  Stevens,  rose ; 
and  Mr.  Dawes  reported  that  the  Committee  of  the 
Whole  on  the  State  of  the  Union  had  instructed  him  to 
report  the  bill  back  to  the  House,  without  amendment. 
Mr.  Stevens  demanded  the  previous  question  ;  and  it 
was  ordered, — yeas  92,  nays  39.  Mr.  Holman  de 
manded  the  yeas  and  nays  on  the  passage  of  the  bill. 
They  were  ordered ;  and  the  question  was  taken,  — 
yeas  92,  nays  38. 

The  bill  thus  passed  the  House,  and  was  approved  by 
the  President  on  the  sixteenth  day  of  April^  1862.  By 
the  enactment  of  this  bill,  three  thousand  slaves  were 
instantly  made  for  ever  free,  slavery  made  impossible 
in  the  capital  of  the  United  States,  and  the  black  laws 
and  ordinances  concerning  persons  of  color  repealed 

7* 


78  THE    ABOLITION    OF    SLAVERY,    ETC. 

and  abrogated.  The  enfranchised  bondmen,  grateful 
for  this  beneficent  act  of  national  legislation,  assembled 
in  their  churches,  and  offered  up  the  homage  and  grati 
tude  of  their  hearts  to  God  for  the  boon  of  personal 
freedom. 


79 


CHAPTER  IV. 

THE   PRESIDENT'S   PROPOSITION   TO    AID    STATES   IN 
THE  ABOLISHMENT    OF   SLAVERY. 

THE  PRESIDENT'S  SPECIAL  MESSAGE.  —  MR.  ROSCOE  CONKLING'S  RESOLU 
TION. —  MR.  RICHARDSON'S  SPEECH.  —  MR.  BINGHAM'S  SPEECH.  —  MR. 
VOORHEES1  SPEECH.  —  MR.  MALLORY'S  SPEECH.  —  MR.  WICKLIFFE'S 
SPEECH. — MR.  DIVEN'S  SPEECH.  —  MR.  THOMAS'S  SPEECH.  —  MR.  BID- 
DLE'S  SPEECH. —  MR.  CRISFIELD'S  SPEECH.  —  MR.  OLIN'S  SPEECH. — 
MR.  CRITTENDEN'S  SPEECH.  —  MR.  FISHER'S  SPEECH.  —  MR.  HICKMAN'S 
SPEECH.  —  PASSAGE  OF  THE  BILL,  IN  THE  HOUSE.  —  IN  THE  SENATE, 
THE  RESOLUTION  REPORTED  WITHOUT  AMENDMENT  BY  MR.  TRUMBULL. 
—  MR.  SAULSBURY'S  SPEECH.  —  MR.  DAVIS'S  AMENDMENT.  —  MR.  SHER 
MAN'S  SPEECH.  —  MR.  DOOLITTLE'S  SPEECH.  —  MR.  WILLEY'S  SPEECH.  — 
MR.  BROWNING'S  SPEECH.  —  MR.  M'DOUGALL'S  SPEECH.  — MR.  POWELL'S 
SPEECH.  —  MR.  LATHAM'S  SPEECH.  —  MR.  MORRILL'S  SPEECH.  —  MR. 
HENDERSON'S  AMENDMENT.  —  MR.  SHERMAN'S  SPEECH.  —  PASSAGE  OF 
THE  RESOLUTION. 

ON  the  6th  of  March,  1862,  the  President  sent  to 
Congress  a  special  message,  in  which  he  said,  w  I 
recommend  the  adoption  of  a  joint  resolution  by  your 
honorable  bodies,  which  shall  be  substantially  as  fol 
lows  :  — 

"  Resolved,  That  the  United  States  ought  to  co-operate  with 
any  State  which  may  adopt  gradual  abolishment  of  slavery ; 
giving  to  such  State  pecuniary  aid,  to  be  used  by  such  State  in 
its  discretion,  to  compensate  for  the  inconveniences,  public  and 
private,  produced  by  such  change  of  system. 

"  If  the  proposition  contained  in  the  resolution  does 
not  meet  the  approval  of  Congress  and  the  country, 
there  is  the  end  ;  but,  if  it  does  command  such  approval, 


80       PRESIDENT'S  PROPOSITION  TO  AID  STATES 

I  deem  it  of  importance  that  the  States  and  people  im 
mediately  interested  should  be  at  once  distinctly  notified 
of  the  fact,  so  that  they  may  begin  to  consider  whether 
to  accept  or  reject  it.  The  Federal  Government  would 
find  its  highest  interest  in  such  a  measure,  as  one  of  the 
most  efficient  means  of  self-preservation.  The  leaders 
of  the  existing  insurrection  entertain  the  hope,  that  this 
Government  will  ultimately  be  forced  to  acknowledge 
the  independence  of  some  part  of  the  disaffected  region, 
and  that  all  the  slave  States  north  of  such  part  will  then 
say,  '  The  Union  for  which  we  have  struggled  being 
already  gone,  we  now  choose  to  go  writh  the  Southern 
section.'  To  deprive  them  of  this  hope,  substantially 
ends  the  Rebellion  ;  and  the  initiation  of  emancipation 
completely  deprives  them  of  it  as  to  all  the  States  initiat 
ing  it.  The  point  is,  not  that  all  the  States  tolerating 
slavery  would  very  soon,  if  at  all,  initiate  emancipation, 
but  that,  while  the  offer  is  equally  made  to  all,  the  more 
Northern  shall,  by  such  initiation,  make  it  certain  to  the 
more  Southern  that  in  no  event  will  the  former  ever  join 
the  latter  in  their  proposed  confederacy.  .  .  .  While  it 
is  true  that  the  adoption  of  the  proposed  resolution 
would  be  merely  initiatory,  and  not  within  itself  a  prac 
tical  measure,  it  is  recommended  in  the  hope  that  it 
would  soon  lead  to  important  practical  results.  In  full 
view  of  my  great  responsibility  to  my  God  and  to  my 
country,  I  earnestly  beg  the  attention  of  Congress  and 
the  people  to  the  subject." 

Mr.  Stevens  (Rep.)  of  Pennsylvania  moved  its  refer 
ence  to  the  Committee  of  the  Whole  on  the  State  of  the 
Union.  On  the  10th  of  March,  Mr.  Roscoe  Conkling 
(Rep.)  of  New  York  asked  leave  to  introduce  a  joint 


IN    THE    ABOLISHMENT    OF    SLAVERY.  81 

resolution,  "That  the  United  States  ought  to  co-operate 
with  any  State  which  may  adopt  gradual  abolishment 
of  slavery ;  giving  to  such  State  pecuniary  aid,  to  be 
used  by  such  State  in  its  discretion,  to  compensate  for 
the  inconveniences,  public  and  private,  produced  by  such 
change  of  system." 

Mr.  Ben.  Wood  (Dem.)  of  New  York  objected. 
Mr.  Conkliug  moved  the  suspension  of  the  rules,  to 
allow  him  to  introduce  the  resolution,  which  was  the 
exact  resolution  recommended  by  the  President ;  and 
the  rules  were  suspended, — yeas  86,  nays  35.  Mr. 
Glider  (Opp.)  of  Kentucky  remarked,  that  he  had  not 
decided  whether  he  should  vote  for  the  resolution  or 
not.  Mr.  Wadsworth  (Opp.)  differed  from  his  col 
league  :  he  was  now  ready  to  vote  against  the  resolu 
tion.  Mr.  Conkling  moved  the  previous  question  : 
lost, — ayes  61,  noes  68.  Mr.  Richardson  (Dem.) 
of  Illinois  opposed  the  resolution.  His  "people  were 
not  prepared  to  enter  upon  the  proposed  work  of  pur 
chasing  the  slaves  of  other  people,  and  turning  them 
loose  in  their  midst."  Mr.  Bingham  (Rep.)  of  Ohio 
said, "  This  proposition  interferes  with  no  right  of  any 
State  by  intendment  or  otherwise."  Mr.  Wickliffe 
(Opp.)  of  Kentucky  asked  Mr.  Bingham  to  tell  him 
under  "  what  clause  of  the  Constitution  he  finds  the 
power  in  Congress  to  appropriate  the  treasure  of  the 
United  States  to  buy  negroes,  or  to  set  them  free."  — 
"  I  took  occasion  in  January  last,"  replied  Mr.  Bing 
ham,  "to  remind  the  House  of  the  words  of  the  Father 
of  the  Constitution,  uttered  in  the  hearing  of  the  listen 
ing  nation  when  the  Constitution  was  under  consider 
ation  for  adoption  or  rejection,  that  the  power  conferred 


82       PRESIDENT'S  PROPOSITION  TO  AID  STATES 

upon  the  National  Legislature  by  the  grant  of  the  Con 
stitution,  for  the  common  defence,  had  no  limitation 
upon  it,  express  or  implied,  save  the  public  necessity, 
and  that  their  laws  should  not  conflict  with  the  general 
spirit  and  purpose  of  the  Constitution;  viz.,  the  pro 
tection  of  the  lives,  liberty,  and  property  of  its  loyal 
citizens.  If  the  gentleman  will  pardon  me,  I  beg 
leave  to  remind  him  again  of  the  words  of  Madison, 
that  r  it  is  in  vain  to  oppose  constitutional  barriers  to 
the  impulse  of  self-preservation :  it  is  worse  than  in 
vain.'"  —  "I  have,"  declared  Mr.  Yoorhees  (Dem.)  of 
Indiana,  "taken  my  stand,  in  the  name  of  the  people  I 
represent,  against  it.  If  there  is  any  Border  slave  State 
man  here  who  is  in  doubt  whether  he  wants  his  State 
to  sell  its  slaves  to  this  Government  or  not,  I  represent 
a  people  that  is  in  no  doubt  as  to  whether  they  want  to 
become  the  purchasers.  It  takes  two  to  make  a  bar 
gain  ;  and  I  repudiate,  once  and  for  ever,  for  the  people 
whom  I  represent  on  this  floor,  any  part  or  parcel  in 
such  a  contract."  Mr.  Mallory  (Dem.)  of  Kentucky 
wanted  the  resolution  postponed,  to  give  the  representa 
tives  from  the  Border  States  an  opportunity  for  consul 
tation.  "  We  have,"  he  said,  "  agreed  on  the  time  and 
the  manner  of  consultation."  Mr.  Diven  (Rep.)  of 
New  York  "  hailed  the  introduction  of  this  resolution, 
coming  as  it  did  from  the  Executive  of  the  country,  as 
a  bow  of  hope  and  promise."  Mr.  Thomas  (Opp.)  of 
Massachusetts  "  intended  to  vote  for  the  resolution  ;  but 
I  do  not  understand,  as  gentlemen  seem  to  intimate 
frequently  on  the  floor  of  this  House,  that  the  House 
is  to  follow  the  beck  of  the  President,  or  any  member 
of  the  Administration.  It  has  its  duties  to  discharge 


IN    THE    ABOLISHMENT    OF    SLAVP:KY.  83 

as  well  as  the  President.  This  House  is  to  initiate  a 
policy,  and  not  the  President  of  the  United  States ;  it 
is  to  take  the  responsibility  as  well  as  the  President ; 
and  therefore  it  is  to  discuss  and  deliberate  before  it 
decides  or  votes."  Mr.  Stevens  said,  "I  have  read  it 
over ;  and  I  confess  I  have  not  been  able  to  see  what 
makes  one  side  so  anxious  to  pass  it,  or  the  other  side 
so  anxious  to  defeat  it.  I  think  it  is  about  the  most 
diluted,  milk-and-water-gruel  proposition  that  was  ever 
given  to  the  American  nation." 

On  the  llth  of  March,  Mr.  Wickliffe  opposed  the 
resolution  and  the  policy  of  emancipation.  Mr.  Diven 
appealed  to  the  representatives  of  the  Border  States. 
"I  ask,"  he  said,  "those  men  of  the  Border  States  to 
come  up  and  stand  by  us  who  are  loyal  to  them,  and 
who  have  testified  to  them  our  desire  to  maintain  to 
them  the  possession  of  all  their  rights.  Stand  by  the 
President,  who  has  never  had  a  thought  of  violating 
one  of  your  constitutional  rights.  I  appeal  to  these 
men ;  I  appeal  to  all  who  would  rally  round  the  Presi 
dent  in  his  desire  —  in  his  honest,  earnest  desire —  to 
bring  this  country  out  from  this  fiery  ordeal  unscathed, 
with  every  star  upon  her  flag  undimmed."  Mr.  Biddle 
(Dem.)  of  Pennsylvania  said,  "If  you  review  this  sub 
ject  from  the  adoption  of  the  present  Constitution  down 
to  the  present  day,  —  and  it  is  a  review  I  do  not  intend 
to  inflict  upon  the  House  at  the  present  moment,  — if  you 
review  the  subject,  you  will  find,  that,  while  State  action 
has  always  been  beneficent,  Federal  action  has  always 
been  pernicious,  exasperative,  and,  as  I  think,  uncon 
stitutional." — "I  concede,  and  it  gives  me  pleasure  to 
concede,"  said  Mr.  Crisfield  (Opp.)  of  Maryland,  "that 


84      PRESIDENT'S  PROPOSITION  TO  AID  STATES 

the  President  of  the  United  States,  in  making  this  offer 
to  the  country,  is  actuated  by  a  spirit  of  patriotism.     I 
can  understand  that  he  offers  it  to  the  people  of  the 
slave  States  to  produce  some  harmony  on  the  agitating 
question    of  slavery,    which   has  disturbed   the   whole 
country.     I  give  him  entire  credit  for  honesty  and  good 
faith."      Mr.    Olin    (Rep.)    of    New    York    inquired, 
"  What  is  this  resolution,  in  its  whole  scope  and  ex 
tent?    Why,  simply j  that,  if  you  gentlemen  of  the  slave 
States  are  willing  to  get  rid  of   slavery,  the  General 
Government  will  aid  you  to  do  it  by  giving  you  a  com 
pensation   for    any   loss    that   you   may  sustain ;    and, 
although  I  am  not  worth  much,  God  knows  I  would 
divide  my  last  crust  of  bread  to  aid  our  Southern  friends 
to  get  rid  of  slavery,  and  let  us  live  in  peace  and  har 
mony  together.     I  have  not  a  great  deal ;  but,  thank 
God  !  what  there  is  of  it  has  been   earned  by  honest 
industry ;   and  I  would  cheerfully  divide  it  to  aid  you, 
gentlemen,  in  accomplishing  that  object.     If  these  gen 
tlemen  say,   'We  cannot  afford  to  make  the  sacrifice 
of  manumitting  our  slaves,'  the  President  says,  '  Very 
well :  the  General  Government  will  aid  you  to  accom 
plish  it.'      That    is   the   magnanimous,  the  great,   the 
God-like  policy  of  the  Administration."     Mr.  Critten- 
den  (Opp.)  of  Kentucky  opposed  the  resolution, 
avow  my  confidence,"  he  declared,  "  in  the  integrity  of 
the  President.     I  avow  my  confidence  in  Ins  purity  of 
intention.     I  believe  he  means  right ;  and  it  affords  me 
pleasure  to  concur  with  him  in  most  of  the  measures 
recommended  by  him  :  but  I  regret  that  in  this  my  con 
science  and  judgment  will  not  permit  it.     I  believe  the 
President  would  not,  as  he  says  he  would  not,  interim'. 


IX    THE    ABOLISHMENT    OF    SLAVERY.  85 

He  would  leave  it  to  the  choice  of  the  States  to  say 
whether  they  will  enter  upon  the  policy  of  emancipation 
or  not ;  but  do  not  I  know,  that  although  the  President 
will  abstain  from  interfering,  so  far  as  he  is  concerned, 
there  are  many  others,  who,  knowing  it  is  a  favorite 
policy  of  his,  desiring  themselves  to  be  in  his  favor, 
would  stir  up  an  emancipation  party  in  Missouri,  in 
Maryland,  and  in  Delaware,  —  I  will  not  now  speak  of 
my  own  State,  —  simply  from  -  that  motive?"  Mr. 
Fisher  (Ind.)  of  Delaware  declared  his  intention  to 
vote  for  the  resolution.  Mr.  Hickman  (Rep.)  of 
Pennsylvania  said,  "  The  resolution  is  rather  a  palliative 
and  caution  than  an  open  and  avowed  policy ;  it  is 
rather  an  excuse  for  non-action  than  an  avowed  deter 
mination  to  act.  Neither  the  message  nor  the  resolu 
tion  is  manly  and  open.  They  are  both  covert  and 
insidious.  They  do  not  become^  the  dignity  of  the 
President  of  the  United  States.  The  message  is  not 
such  a  document  as  a  full-grown,  independent  man 
should  publish  to  the  nation  at  such  a  time  as  the  pres 
ent,  when  positions  should  be  freely  and  fttlly  defined. 
...  I  know  no  great  diversity  of  opinion  among  men 
whose  interests  are  identified  with  slavery.  I  have 
never  been  able  to  discover  a  difference  in  views  or 
feelings  between  a  man  from  Maryland  and  a  man 
from  South  Carolina  or  Alabama.  I  have  found, 
wherever  the  negro  is,  there  is  an  undivided  loyalty  to 
slavery ;  and  every  day's  proceedings  here  show  it,  — 
conclusively  show  it.  Every  fair-minded  man  cannot 
but  admit  it.  The  President  knows  it ;  the  Cabinet 
knows  it ;  and  therefore  the  difficulty  which  the  Presi 
dent  has  had  for  a  long  time  in  dealing  with  this  Rebel- 


86       PRESIDENT'S  PROPOSITION  TO  AID  STATES 

lion.  Mr.  Lincoln  has  found  himself  between  two 
swords,  —  the  sword  of  the  party  looking  to  a  particu 
lar  policy  to  be  pursued  towards  a  rebellion  springing 
from  slavery ;  and  the  sword  in  the  hands  of  the  Border 
States,  who  insist  all  the  time  that  the  war  shall  be 
prosecuted  in  such  a  way  as  to  save  their  peculiar, 
divine,  and  humanizing  institution."  The  question  was 
taken  on  laying  the  resolution  on  the  table,  — yeas  34, 
nays  81.  Mr.  Wickliffe  of  Kentucky  demanded  the 
yeas  and  nays  on  the  passage  of  the  resolution,  —  yeas 
89,  nays  31,  as  follows  :  — 

YEAS.  —Messrs.  Aldrich,  Arnold,  Ashley,  Babbitt,  Baker,  Baxter, 
Beaman,  Bingham,  Francis  P.  Blair,  Jacob  B.  Blair,  Samuel  S.  Blair, 
Blake,  William  G.  Brown,  Buffinton,  Campbell,  Chamberlin,  Clements, 
Colfax,  Frederick  A.  Conkling,  Roscoe  Conkling,  Conway,  Covocle, 
Cutler,  Davis,  Delano,  Diven,  Duell,  Dunn,  Edgerton,  Edwards,  Eliot, 
Ely,  Fessenden,  Fisher,  Franchot,  Frank,  Gooch,  Goodwin,  Granger, 
Haight,  Hale,  Harrison,  Hickman,  Hooper,  Horton,  Hutchins,  Julian, 
Kelley,  Francis  W.  Kellogg,  William  Kellogg,  Killinger,  Lansing, 
Loomis,  Lovejoy,  M'Knight,  M'Pherson,  Mitchell,  Moorhead,  Anson  P. 
Morrill,  Justin  S.  Morrill,  Nixon,  Olin,  Patton,  Timothy  G.  Phelps,  Pike, 
Pomeroy,  Porter,  Alexander  H.  Rice,  John  H.  Rice,  Riddle,  Edward 
H.  Rollins,  Sargent,  Shanks,  Sheffield,  Shellabarger,  Sloan,  Stratton, 
Train,  Trowbridge,  Van  Valkenburgh,  Verree,  Wallace,  Charles  W. 
Walton,  E.  P.  Walton,  Whaley,  Albert  S.  White,  Wilson,  Windom, 
and  Worcester,  — 89. 

NAYS.  —  Messrs.  Ancona,  Joseph  Baily,  Biddle,  Corning,  Cox, 
Cravens,  Crisfield,  Crittenden,  Dunlap,  English,  Harding,  Johnson, 
Knapp,  Law,  Leary,  Noble,  Norton,  Pendleton,  Perry,  Richardson, 
Robinson,  Shiel,  John  B.  Steele,  Francis  Thomas,  Voorhees,  Wads- 
worth,  Ward,  Chilton  A.  White,  Wickliffe,  Wood,  and  Woodruff,  —  31. 

So  the  joint  resolution  passed  the  House  of  Represen 
tatives. 

In  the  Senate,  on  the  20th  of  March,  Mr.  Trumbull 
(Rep.)  of  Illinois,  from  the  Committee  on  the  Judiciary, 
to  whom  was  referred  the  joint  resolution  of  the  House 


IN    THE    ABOLISHMENT    OF    SLAVERY.  87 

of  Eepresentatives,  declaring  that  Congress  ought  to 
co-operate  with,  affording  pecuniary  aid  to,  any  State 
which  may  adopt  the  gradual  abolishment  of  slavery, 
reported  back  the  joint  resolution,  with  a  recommenda 
tion  that  it  pass.  Mr.  Trumbull  asked  the  Senate  to 
put  the  resolution  on  its  passage ;  but  Mr.  Powell 
(Dem.)  of  Kentucky  objected,  and  it  went  over  under 
the  rule.  On  the  24th,  on  motion  of  Mr.  Trum 
bull,  the  Senate  proceeded,  as  in  Committee  of  the 
Whole,  to  consider  the  joint  resolution  of  the  House, 
declaring  that  Congress  ought  to  co-operate  with  and 
afford  pecuniary  aid  to  any  State  which  may  adopt 
the  gradual  abolishment  of  slavery. 

Mr.  Saulsbury  (Dem.)  of  Delaware  pronounced  it 
to  be  "  the  most  extraordinary  resolution  that  was  ever 
introduced  into  an  American  Congress  ;  extraordinary 
in  its  origin  ;  extraordinary  in  reference  to  the  source 
from  whence  it  proceeds  ;  extraordinary  in  the  object 
which  it  contemplates ;  mischievous  in  its  tendency : 
and  I  am  not  at  all  sure  that  it  is  anywise  patriotic, 
even  in  its  design." 

Mr.  Davis  (Opp.)  of  Kentucky  moved  an  amend 
ment,  as  a  substitute  for  the  resolution,  to  strike  out  all 
after  the  word  "  that,"  and  insert,  "  although  the  whole 
subject  of  slavery  in  the  States  is  exclusively  within  the 
jurisdiction  and  cognizance  of  the  government  and 
people  of  the  States  respectively  having  slaves,  and 
cannot  be  interfered  with  directly  or  indirectly  by  the 
Government  of  the  United  States,  yet,  when  any  of 
those  States  or  their  people  may  determine  to  emanci 
pate  their  slaves,  the  United  States  will  pay  a  reason 
able  price  for  the  slaves  they  may  emancipate,  and  the 


88       PRESIDENT'S  PROPOSITION  TO  AID  STATES 

cost  of  their  colonization  in  some  other  country."  Mr. 
Sherman  (Rep.)  of  Ohio  did  "not  see  any  substantial 
difference  between  the  resolution  framed  by  the  Presi 
dent  and  the  resolution  as  proposed  by  the  senator  from 
Kentucky ;  but  he  should  vote  for  it  as  framed  by  the 
President."  — "I  admit,"  replied  Mr.  Davis,  that  "the 
general  principle  both  of-  the  original  resolution  and  of 
the  substitute  is  the  same."  Mr.  Doolittle  (Rep.) 
of  Wisconsin  said,  "As  I  understand  it,  the  resolution 
suggested  by  the  President  covers  two  ideas, — first, 
emancipation  by  the  States  at  their  own  pleasure,  in 
their  own- way,  either  immediate  or  gradual;  and,  sec 
ond,  the  idea  of  colonization,  a  thing  believed  to  be 
necessary  to  go  along  side  by  side  with  emancipation  by 
nine-tenths  of  the  people  of  the  States  interested,  and 
without  which  they  declare  emancipation  impossible." 
Mr.  Willey  (Union)  of  Virginia  "  could  not  withhold 
the  expression  of  his  regret  that  the  President  has 
deemed  it  to  be  his  duty  to  make  such  a  proposition  to 
Congress  ;  but  he  should  vote  for  it,  not  without  hesi 
tation,  not  without  deepest  regret."  Mr.  Browning 
(Rep.)  of  Illinois  supported  the  original  resolution. 
Mr.  M'Dougall  (Dem.)  of  California  denied  "  the 
right  of  the  Senate  to  impose  upon  the  people  on  the 
shores  of  the  Pacific  a  tax  for  the  purpose  of  emanci 
pating  the  slaves  of  Kentucky,  Missouri,  or  Maryland." 

"I  regard,"  said  Mr.  Powell,  "the  whole  thing,  so 

far  as  the  slave  States  are  concerned,  as  a  pill  of  arsenic, 
sugar-coated."  He  thought  the  language  of  the  Presi 
dent's  message  was  very  artfully  and  cautiously  couched  ; 
but  the  intimation  was  in  it,  that,  if  we  did  not  accept 
this  proposition,  the  Government  would  take  our  slaves 


IN   THE    ABOLISHMENT   OF    SLAVERY.  89 

anyhow.  "I  happened,"  he  said,  "a  few  nights  ago, 
through  curiosity,  to  go  to  the  Smithsonian  Institution, 
to  hear  a  man  of  some  distinction  as  an  orator  and 
lecturer  in  this  country.  I  took  my  seat  in  the  gallery  ; 
and  there  I  heard  this  man,  Wendell  Phillips,  for  half 
an  hour ;  and  he  distinctly  announced,  after  eulogizing 
the  President  very  highly  for  this  message,  that  the 
interpretation  of  it  was  simply  saying  to  the  Border 
slave  State  men,  '  Gentlemen,  if  you  do  not  take  this, 
we  will  take  your  negroes  anyhow.'"  —  "I  am,"  said 
Mr.  Latham  (Dern.)  of  California,  "very  free  to  say, 
that  I  believe  the  motive  which  prompted  the  sending 
of  this  resolution  by  the  President  to  Congress  to  be  a 
proper  and  patriotic  one ;  .  .  .  but  I  am  not  prepared, 
as  a  representative  of  one  of  the  States  on  the  Pacific 
coast,  to  pledge  the  people  thereof  to  submit  to  any 
kind  of  taxation  that  the  Government  may  see  fit  to 
impose  in  a  general  scheme  of  emancipation."  —  "I 
am,"  said  Mr.  Morrill  (Rep.)  of  Maine,  "greatly  sur 
prised  at  the  course  of  this  debate.  I  had  supposed  it 
was  possible  for  somebody  in  some  way  to  allude  to  the 
subject  of  slavery,  without  eliciting  indignation,  or 
without  rendering  it  a  subject  for  discussion,  for  lati- 
tudinarian  discussion,  for  discussion  in  various  direc 
tions,  for  discussion  in  which  gentlemen  must  think  it 
necessary  to  define  their  positions.  ...  I  cannot  con 
ceive  that  such  a  proposition  as  that  is  offensive,  or  can 
possibly  be  offensive,  to  any  man  or  any  class  of  men 
who  have  not  made  up  their  minds,  that,  above  all 
things,  —  Constitution,  country,  every  thing, — they 
hold  slavery  to  be  supreme.  They  will  stand  on  that, 
no  matter  what  becomes  of  the  country.  They  will  not 

8* 


90       PRESIDENT'S  PROPOSITION  TO  AID  STATES 

only  resist  all  legislation  on  the  subject,  but  they  will 
treat  with  scorn  and  contempt  every  invitation  to  con 
sider  the  subject.  That  is  the  attitude  in  which  senators 
place  themselves  here.  They  are  indignant  that  the 
President  of  the  United  States  proposes  that  these 
States  in  their  own  way  shall  consider  whether  it  is  not 
expedient  to  get  rid  in  the  future  of  the  cause  of  our 
present  troubles."  The  question  was  taken  on  Mr. 
Davis's  amendment  by  yeas  and  nays, — yeas  4,  nays 

34. 

On  the  27th,  Mr.  Henderson   (Union)   of  Missouri 
offered  an  amendment,  to  insert  at  the  end  of  the  reso 
lution   the    following    proviso:   "That    nothing    herein 
contained  shall  be  construed  to  imply  a  willingness  on 
the  part  of  Congress  that  any  of  the  States  now  com 
posing  the  Union  shall  be  permitted  to  withdraw  per 
manently  their  allegiance  to  the  Government;    but  it 
is   hereby  declared  to  be  the  duty  of  the  country  to 
prosecute  the  war  until  the  Constitution  shall  have  been 
restored  over  every  State  professing  to  have  seceded." 
Mr.  Henderson  advocated  his  amendment,  and  avowed 
his  intention  to  vote  for  the  resolution.     "I  regard  it," 
he  said,  "  as  no  insult  to  the  people   of  my  State ;    I 
regard  it  as  no  threat :   but  I  regard  it  as  a*  measure 
that  is  conciliatory,  and  looks  to  the  future  peace  and 
harmony  of  the  country,  and  to  the  early  restoration  of 
the  Union.     If  this  spirit  had  been  more  largely  culti 
vated  in  days  gone  by,  we  would  not  this  day  be  forced 
to  witness  a  ruined  South  and  a  deeply  oppressed  North. 
Why,  sir,  ninety-six  days  of  this  war  would   pay  for 
every  slave,  at  full  value,  in  the  States  of  Kentucky, 
Missouri,   Maryland,   Delaware,   and   the   District    of 


IN    THE    ABOLISHMENT    OF    SLAVERY.  91 

Columbia."  Mr.  Henderson's  amendment  was  re 
jected. 

Mr.  Sherman,  on  the  2d  of  April,  made  an  elaborate 
speech  in  favor  of  the  joint  resolution,  and  of  the  abo 
lition  of  slavery  in  the  District  of  Columbia,  and  in 
favor  of  enacting  "the  most  rigid  law  of  confiscation 
against  the  leaders  of  the  Rebellion." 

The  joint  resolution  was  ordered  to  a  third  reading ; 
and  was  read  the  third  time,  at  length,  as  follows : 
"  Resolved,  &c.9  That  the  United  States  ought  to  co 
operate  with  any  State  which  may  adopt  the  gradual 
abolishment  of  slavery  ;  giving  to  such  State  pecuniary 
aid,  to  be  used  by  such  State  in  its  discretion,  to  com 
pensate  for  the  inconveniences,  public  and  private,  pro 
duced  by  such  change  of  system." 

Mr.  Saulsbury  called  for  the  yeas  and  nays  on  the 
passage  of  the  resolution,  and  they  were  ordered ;  and, 
being  taken,  resulted  —  yeas  32,  nays  10 — as  fol 
lows  :  — 

YEAS.  —  Messrs.  Anthony,  Browning,  Chandler,  Clark,  Collaraer, 
Davis,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes,  Hale,  Har- 
lan,  Henderson,  Howard,  Howe,  King,  Lane  of  Indiana,  Lane  of 
Kansas,  Morrill,  Pomeroy,  Sherman,  Sumner,  Ten  Eyck,  Thomson, 
Trumbull,  Wade,  Wilkinson,  Willey,  Wilmot,  and  Wilson  of  Massa 
chusetts,  —  32. 

NAYS.  —  Messrs.  Bayard,  Carlile,  Kennedy,  Latham,  Nesmith, 
Powell,  Saulsbury,  Stark,  Wilson  of  Missouri,  and  Wright,  — 10. 

So  the  joint  resolution. was  passed  in  the  Senate,  and 
received  the  approval  of  the  President  on  the  10th  of 
April,  1862. 


92 


CHAPTER  V. 

THE  PROHIBITION  OF  SLAVERY  IN  THE  TERRITORIES. 

MR.  ARNOLD'S  BILL.  —  MR.  LOVEJOY'S  REPORT.  —  MOTION  TO  LAY  THE  BILL 
ON  THE  TABLE.  —  MR.  LOVEJOY'S  SUBSTITUTE.  —  REMARKS  OF  MR.  COX. 
—  MR.  DIVEN. —  MR.  OLIN.  —  MR.  CRISFIELD.  —  MR.  KELLEY.  —  MR. 
SHEFFIELD.  —  MR.  STEVENS.  —  MR.  THOMAS.  —  MR.  BINGHAM.  —  MR. 
FISHER. — PASSAGE  OF  THE  BILL  IN  THE  HOUSE.  —  IN  THE  SENATE. — 
MR.  BROWNING'S  REPORT.  —  MR.  BROWNING'S  AMENDMENT.  —  MR. 
CARLILE'S  SPEECH.  —  MR.  WADE'S  SPEECH — PASSAGE  OF  THE  BILL 
AS  AMENDED. —  AMENDMENT  OF  THE  SENATE  CONCURRED  IN. 

NO  question  during  the  existence  of  the  Republic  of 
the  United  States  has  excited  so  intense  and  pro 
found  an  interest  as  the  question,  whether  freedom  or 
slavery  should  predominate  in  the  Territories.  The  vast 
extent  of  the  territorial  possessions  of  the  United  States, 
the  power  of  the  rising  commonwealths  upon  the  desti 
nies  of  the  nation,  made  their  territorial  condition  one 
of  intense  solicitude  alike  to  the  friends  and  enemies  of 
slavery.  Freedom  and  slavery  have  often  contended 
for  ascendency  in  the  Territories.  In  these  oft-repeated 
contests,  the  sentiments  and  opinions,  the  interests  and 
passions,  of  vast  sections  have  been  deeply  aroused,  and 
the  whole  nation  stirred  to  its  profoundest  depths.  In 
these  struggles,  the  slaveholding  interests  were  accus 
tomed  to  win  decisive  victories  ;  but,  in  I860,  the  advo 
cates  of  the  freedom  of  the  Territories  achieved  a  national 
triumph  in  the  election  of  a  President  fully  and  unre 
servedly  pledged  to  their  policy. 


THE    PROHIBITION    OF    SLAVERY,    ETC.  93 

In  the  House  of  Representatives,  on  the  24th  of 
March,  1862,  Mr.  Arnold  (Rep.)  of  Illinois  introduced 
a  bill  to  render  freedom  national,  and  slavery  sectional ; 
which  was  read,  and  referred  to  the  Committee  on  Ter 
ritories.  On  the  1st  of  May,  Mr.  Lovejoy  (Rep.)  of 
Illinois  reported  from  the  Committee  on  Territories 
Mr.  Arnold's  bill  to  make  freedom  national,  and  slavery 
sectional ;  which  was  read,  recommitted  to  the  Com 
mittee  on  Territories,  and  ordered  to  be  printed. 

Mr.  Lovejoy,  on  the  8th  of  May,  from  the  Committee 
on  Territories,  reported  it  back,  with  an  amendment  to 
the  title,  and  with  the  recommendation  that  it  pass  the 
bill  of  the  House,  to  render  freedom  national,  and  slavery 
sectional ;  and  moved  the  previous  question  upon  its 
engrossment  and  third  reading.  It  provided,  that  to  the 
end  that  freedom  may  be,  and  remain  for  ever,  the  fun 
damental  law  of  the  land  in  all  places  whatsoever,  so 
far  as  it  lies  within  the  powers  or  depends  upon  the 
action  of  the  Government  of  the  United  States  to  make 
it  so,  slavery  and  involuntary  servitude,  in  all  cases 
whatsoever,  shall  henceforth  cease,  and  be  prohibited 
for  ever,  in  all  the  following  places  :  1.  In  all  the  Terri 
tories  of  the  United  States  now  existing,  or  hereafter  to 
be  formed  or  acquired  in  any  way.  2.  In  all  places 
purchased  or  to  be  purchased  by  the  United  States,  with 
the  consent  of  the  Legislatures  of  the  several  States, 
for  the  erection  of  forts,  magazines,  arsenals,  dock 
yards,  and  other  needful  buildings.  3.  In  all  vessels  on 
the  high  seas,  and  on  all  national  highways,  beyond  the 
territory  and  jurisdiction  of  each  of  the  several  States 
from  which  or  to  which  the  said  vessels  may  be  going. 
4.  In  all  places  whatsoever  where  the  National  Govern- 


94  THE    PROHIBITION    OF    SLAVERY 

ment  is  supreme,  or  has  exclusive  jurisdiction  or  power. 
The  bill  further  provided,  that  any  person  now  held,  or 
attempted  to  be  held  hereafter,  as  a  slave  in  any  of  the 
places  above  named,  is  hereby  declared  to  be  free ;  and 
that  the  right  to  freedom  hereby  declared  may  be  asserted 
in  any  of  the  courts  of  the  United  States  or  of  the 
several  States,  in  behalf  of  the  party,  or  his  or  her  pos 
terity,  after  any  lapse  of  time,  upon  the  principle  that  a 
party  once  free  is  always  free.  Mr.  Cox  (Dem.)  of 
Ohio  moved  that  the  bill  be  laid  upon  the  table  ;  upon 
which  motion  Mr.  Washburn  (Rep.)  of  Illinois  demand 
ed  the  yeas  and  nays,  and  they  were  ordered, — yeas 
50,  nays  64.  On  motion  of  Mr.  M'Knight  (Rep.)  of 
Pennsylvania,  the  House  adjourned. 

On  the  9th  of  May,  the  Speaker  announced  as  the 
special  order  of  the  day,  the  bill  prohibiting  slavery  in 
the  Territories.  Mr.  Lovejoy  withdrew  his  demand  for 
the  previous  question,  and  offered  a  substitute  for  the 
pending  bill.  The  bill  provided  that  slavery,  in  all 
cases  whatsoever,  shall  henceforth  cease,  and  be  prohib 
ited  for  ever,  in  all  the  following  places  ;  namely,  First, 
In  all  the  Territories  of  the  United  States  now  existing, 
or  hereafter  to  be  formed  or  acquired  in  any  way. 
Second,  In  all  places  purchased  or  to  be  purchased  by 
the  United  States,  with  the  consent  of  the  Legislatures 
of  the  several  States,  for  the  erection  of  forts,  maga 
zines,  arsenals,  dock-yards,  and  other  needful  buildings, 
and  in  which  the  United  States  have  or  shall  have  exclu 
sive  legislative  jurisdiction.  Third,  In  all  vessels  on 
the  high  seas  beyond  the  territory  and  jurisdiction  of 
of  each  of  the  several  States  from  which  or  to  which 
the  said  vessels  may  be  going.  Fourth,  In  all  places 


IN    THE    TERRITORIES.  95 

whatsoever  where  the  National  Government  has  exclu 
sive  jurisdiction.  That  any  person  now  held,  or  at 
tempted  to  be  held  hereafter,  as  a  slave  in  any  of  the 
places  above  named,  is  declared  to  be  free  ;  and  the  right 
to  freedom  may  be  asserted  in  any  of  the  courts  of  the 
United  States  or  of  the  several  States,  in  behalf  of 
the  party,  or  his  or  her  posterity,  after  any  lapse  of 
time.  Mr.  Allen  (Dem.)  of  Illinois  moved  that  the 
bill  be  laid  upon  the  table, — yeas  50,  nays  65. 

Mr.  Olin  (Rep.)  of  New  York  desired  to  amend  and 
debate  it.  Mr.  Lovejoy  withdrew  the  demand  for  the 
previous  question,  and  moved  to  amend  his  substitute 
by  striking  out  these  words,  "and  all  national  high 
ways."  "  That,"  he  said,  "  relieves  the  bill  from  some 
of  the  objections  which  have  been  brought  against  it  by 
some  gentlemen  who  are  friends  of  the  bill."  Mr. 
Lovejoy  moved  the  previous  question,  to  test  the  sense 
of  the  House,  whether  the  bill  should  be  discussed  or 
not.  The  House  decided,  —  ayes  42,  noes  61.  Mr. 
Lovejoy  then  moved  to  recommit  the  bill.  "  I  do  not," 
he  said,  "  propose  at  present  to  enter  at  any  length  into 
the  discussion  of  this  bill.  It  is  in  accordance  with  the 
uniform  policy  of  the  Government  on  its  organization 
to  prohibit  the  crime  of  slavery  in  the  Territories. 
From  the  result  of  the  vote  just  taken,  I  suppose  there 
are  gentlemen  here  who  wish  to  discuss  it ;  and  re 
serving  to  myself  the  right,  if  I  shall  think  it  necessary, 
to  resume  the  floor  before  the  debate  shall  close,  I  now 
give  way  to  any  one  who  may  desire  it."  —  "I  move," 
said  Mr.  Cox  of  Ohio,  "to  add  to  the  motion  to  recom 
mit  instructions,  that  neither  this  bill  nor  any  similar 
bill  shall  be  reported  back  to  the  House.  I  believe  it 


96  THE    PROHIBITION    OF    SLAVERY 

to  be  a  suicidal  bill,  — a  bill  for  the  benefit  of  secession 
and  Jeff.  Davis.  The  army  and  the  people  are  against 
all  such  aids  to  the  enemy  of  the  country.  The  con 
servative  men  of  the  House  have  the  power,  and  ought 
to  ?  squelch  '  out  the  whole  negro  business.  They  are 
responsible  for  this  continuous  agitation.  From  the 
very  commencement  of  the  session,  we  have  had  these 
bills  before  us  in  one  shape  or  another,  postponed  from 
time  to  time,  and  delayed  by  dilatory  motions  and 
adjournments.  Now,  I  want  to  see  the  conservative 
element  of  the  House,  if  there  is  any  such  thing  left 
here,  come  up  and  vote  this  thing  right  down.  I  there 
fore  hope  the  House  will  send  this  back  to  the  com 
mittee  ;  and,  in  sending  it  back  to  the  committee,  let  us 
give  it  such  a  death-blow  as  will  destroy  all  similar 
measures."  Mr.  Wickliffe  (Dem.)  of  Kentucky  sug 
gested  to  Mr.  Cox  to  recommit,  with  instructions  "  not 
to  report  it  back  until  the  next  session,  during  the  cold 
weather."  Mr.  Cox  moved  to  recommit  the  bill,  with 
instructions  "  to  report  it  back  at  the  next  session,  on 
the  very  last  day."  Mr.  Diven  (Rep.)  of  New  York 
"  wanted  Congress  to  exhaust  the  last  power  it  has 
over  this  institution,  whenever  and  wherever  it  can  be 
done."  Mr.  Wickliffe  quoted  at  length  "  the  decision 
of  Justice  Story  on  the  rights  of  slavery,  for  the  bene 
fit  of  the  country  people."  Mr.  Diven  was  of  opinion, 
that  "  when  we  acquire  land  for  the  purpose  of  a  navy- 
yard,  and  exclude  the  States  ceding  that  land  from  any 
civil  jurisdiction  over  it,  we  take  it  with  the  right  to 
control  it  as  we  please."  Mr.  Thomas  (Opp.)  of  Mas 
sachusetts  called  the  attention  of  Mr.  Diven  to  the  law 
of  1795,  by  which  the  civil  jurisdiction  is  given  to  the 


IN   THE    TERRITORIES.  97 

^ 

States  over  cessions  made  to  the  General  Government. 
Mr.  Diven  wanted  to  free  the  bill  of  all  ambiguity, 
"and  let  the  operation  of  the  law  extend  nowhere 
except  where  slavery  may  exist  by  virtue  of  the  Consti 
tution  and  laws  of  the  United  States  ;  and  I  repeat,  as 
I  have  so  often  done  already,  but  I  wish  to  be  em 
phatic,  that,  if  such  a  spot  exists  upon  the  broad  earth, 
let  us  exercise  the  power  to  abolish  slavery."  Mr. 
Cox  modified  his  motion  by  moving  to  postpone  the 
bill  till  the  first  day  of  the  next  session,  instead  of  the 
last.  Mr.  Arnold  of  Illinois  advocated  the  bill  and 
all  its  provisions.  Mr.  Olin  of  New  York  and  Mr. 
Kellogg  (Rep.)  of  Illinois  objected  to  portions  of  the 
bill  concerning  the  prohibition  of  slavery  in  the  dock 
yards,  arsenals,  and  forts.  Mr.  Olin  would  "be  as 
glad  as  any  one  to  see  the  institution  of  slavery  at 
least  so  crippled,  that  it  will  never  henceforward  be 
a  disturbing  cause  in  the  administration  of  the  Govern 
ment.  I,  for  one,  will  not  consent  to  step  an  inch 
beyond  the  plain  guaranties  of  the  Constitution  to 
accomplish  even  that  purpose.  Our  only  justification 
in  the  eyes  of  the  civilized  world  for  this  warfare  going 
on-  in  our  midst  is,  that  we  stand  here,  in  obedience  to 
law,  in  defence  of  the  Constitution  and  law ;  and  the 
moment  we  lay  aside  that  shield  of  protection,  and  pros 
ecute  this  war  for  other  purposes,  whatever  result  may 
be  wrought  out  by  the  prosecution  of  the  war,  it  would 
be  a  wicked  war.  It  would  be,  on  every  principle  of 
Christianity,  an  unjustifiable  war.  Our  only  defence 
before  God,  posterity,  and  the  world,  is  that  we  fight 
in  defence  of  the  laws,  not  for  their  subversion.  The 
wickedness  of  this  Rebellion  consists  not  in  the  fact 

9 


98  THE    PROHIBITION   OF    SLAVERY 

that  it  is  treason,  always  held  to  be  a  crime  all  the 
world  over.  Its  chief  enormity  consists  in  the  fact,  that 
it  is  treason  against  such  a  Government  as  this,  based 
on  the  common  consent  of  the  governed,  with  provision 
in  the  fundamental  law  to  alter,  change,  or  modify  that 
Government  in  a  peaceful  way  and  by  forms  of  law. 
If  such  a  Government  can  be  overthrown  by  force  and 
violence,  there  is  an  end  to  all  government  except  that 
of  despotism  and  the  sword.  Hence  it  is,  that  rebellion 
against  such  a  Government  as  thisJi  of  a  deeper  and 
more  damnable  dye  than  any  other  ^it  has  yet  stained 
the  annals  of  history." 

"I  denounce  this  bill,"  said  Mr.  Crisfield  (Opp.) 
of  Maryland,  "  as  a  palpable  violation  of  the  rights  of 
States,  and  an  unwarrantable  interference  with  the 
rights  of  private  property.  I  denounce  it  as  a  fraud 
upon  the  States  which  have  made  cessions  of  land 
to  this  Government,  a  violation  of  the  Constitution, 
and  a  breach  of  the  pledges  which  brought  the  domi 
nant  party  into  power.  I  denounce  it  as  an  usurpation 
and  a  tyrannical  exercise  of  power,  destructive  of  the 
peace  of  the  country.  Sir,  I  denounce  it  in  this 
House,  and  to  the  American  people.  I  denounce  it 
before  the  civilized  world.  I  declare  that  those  who 
seek  to  accomplish  the  great  wrong  this  bill  perpetrates 
seek  the  ruin  of  all  constitutional  government  on  this 
continent,  and  are  the  foes  of  regulated  liberty  every 
where." —  "What  is  this  institution  of  slavery,"  asked 
Mr.  Kelley  (Rep.)  of  Pennsylvania,  "that  it  should 
claim  our  special  regard  and  care  ?  How  has  it  blessed 
us,  and  what  measure  of  gratitude  do  we  owe  it?  Sir, 
it  is  saturating  every  acre  of  Southern  land  with  the 


IN    THE    TERRITORIES.  99 

| 

best  blood  of  the  North.  It  is  filling  our  villages  and 
towns  with  widows  and  orphans.  The  names  of  the 
marshes  and  barren  fields  of  the  slave  States  are  sanc 
tified  to  tens  of  thousands  of  Northern  mothers  and 
wives  as  the  places  of  the  rude  burial  of  the  torn 
and  mangled  remains  of  their  loved  ones.  Tens  of 
thousands  of  those,  who,  approaching  manhood,  were 
warmed  by  generous  hope  and  just  ambition,  and 
upon  whom  widowed  mothers  or  aged  fathers  hoped  to 
lean  in  their  declining  years,  will  move  through  our 
streets  the  mutilated  victims  of  the  system  of  slavery. 
The  scars  and  wounds  of  these  brave  youth  wdll  bear 
honorable  testimony  to  their  devotion  to  constitutional 
law,  and  proclaim  to  the  coming  generation  the  char 
acter  and  the  cause  of  the  war  in  which  they  were 
received.  The  Eebellion  is  the  result  of  slavery,  and 
follows  naturally  enough  a  defeated  attempt  to  over 
throw  by  enigmatical  legislation  and  judicial  chicanery 
the  well  and  long  settled  laws,  principles,  and  habits 
of  the  land.  I  say,  therefore,  that  in  the  interest  of 
future  peace,  and  in  the  interest  of  freedom  and  justice, 
we  are  called  upon  to  pass  this  bill.  The  Constitution 
does  not  create  it ;  the  Constitution  does  not  in  terms 
recognize  it :  it  only  tolerates  it ;  and  this  law  does  not 
propose  to  interfere  with  that  toleration.  It  does  not 
propose  to  abolish  slavery  anywhere.  It  only  proposes 
to  say  to  the  slave-owner,  'Keep  your  slaves  out  of 
these  places  as  employes:  do  not  interfere  with  the 
system  of  free  labor,  and  attempt  to  force  the  free 
mechanic  into  companionship  with  your  slaves,  or  we 
will  protect  his  dignity  and  interests  by  making  free 
men  of  your  instruments.'  "  Mr.  Fessenden  (Rep.)  of 


100  THE    PROHIBITION   OF   SLAVERY 

% 

Maine  declared,  that,  "  when  this  Union  is  restored,  we 
want  to  see  the  rights  of  the  North  guaranteed  to  us 
as  well  as  the  rights  of  the  South  guaranteed  to  them." 
Mr.  Sheffield  (Dem.)  of  Rhode  Island  had  no  tender 
ness  with  reference  to  this  matter  of  slavery.  "  I  say 
here,  now,  and  always,  I  hate  that  institution.  I  think 
that  freedom  is  the  common  law  of  the  Territories,  and 
that  nothing  but  positive  law  can  carry  slavery  there  ; 
and  we  might  as  well  here  undertake  to  re-enact  the 
Decalogue  as  to  enact  this  law." 

Mr.  Stevens  (Eep.)  of  Pennsylvania  said,  "This  bill 
proposes  that  there  shall  be  no  slavery  hereafter  in  the 
navy  and  dock  yards  of  the  United  States,  or  in  any 
other  places  where  the  United   States  have  exclusive 
jurisdiction.      Now,  every  argument  which  can  be  used 
against  this  bill  would  apply  with  equal  force  against 
the   bill  which  we  have  lately  passed,  and  which  has 
received  the  sanction  of  the  Executive,  abolishing  slavery 
in  the  District  of  Columbia.     I  cannot  possibly  see  how 
any  gentleman,  who  could  not  possibly  see  a  constitu 
tional  objection  in  the  one  case,  can  see  it  in  the  other." 
Mr.  Thomas  of  Massachusetts  asked  Mr.  Stevens  "  to 
call  to  mind  the  fact,  that  the  bill  for  emancipation  in 
the  District  of  Columbia  provided  a  reasonable  com 
pensation,  while  this  bill  provides  none  whatever."  — 
"I  did  not,"  replied  Mr.  Stevens,  "suppose,  indeed  I 
have  hardly  heard,  that  anybody  doubted  the  power  of 
Congress  to  abolish  slavery  in  the  District  of  Columbia, 
without  compensation."     Mr.  Thomas  called  the  atten 
tion  of  Mr.  Stevens  "  to  the  fifth  of  the  amendments  to 
the  Constitution,  which  provides  that  private  property 
shall  not  be  taken  for  public  use,  without  just  compen- 


IN   THE    TERRITORIES;  ;  101 

sation."  Mr.  Stevens  did  not  know  "that  the  gentle 
man  held  that  doctrine.  It  is  so  rare  a  doctrine  in  the 
free  States,  that  I  did  not  know  that  any  one  from  that 
quarter  held  it.  I  supposed,  in  reference  to  the  ques 
tion  of  slavery,  that,  wherever  the  Government  had 
exclusive  power,  they  had  the  right  to  do  with  it  as  the 
States  did  with  it,  —  abolish  it,  without  compensation. 
Does  any  man  doubt  that  the  States  have  that  right  ? " 
-"Yes,  sir,"  replied  Mr.  Thomas.  "Then,"  said 
Mr.  Stevens,  "there  is  one  doubter  that  will  not  be 
damned  for  that."  Mr.  Wickliffe  asked,  "Where  has 
slavery  been  abolished  without  compensation?"  Mr. 
Stevens  answered,  "In  Pennsylvania,  in  New  York; 
and  he  thought  Massachusetts  had  never  made  any 
compensation.  ...  I  do  not  believe,"  he  said,  "there  is 
any  man  from  the  free  States,  except  the  gentleman 
from  the  Boston  district,  who  ever  doubted  that  the 
legislative  power  of  any  locality,  where  they  have  the 
exclusive  jurisdiction,  have  the  right  to  abolish  slavery, 
without  compensation  :  and  this  is  the  first  time  I  ever 
heard  the  opposite  idea  suggested  by  a  man  from  a  free 
State,  and  I  trust  in  God  it  is  the  last ;  for  it  is  no 
credit  to  a  free  State  to  entertain  such  an  idea."  —  "To 
whom,"  asked  Mr.  Hooper  (Rep.)  of  Massachusetts, 
"does  the  gentleman  refer  as  'from  the  Boston  dis 
trict'?"  Mr.  Stevens  replied,  "I  carried  him  as  near 
Boston  as  I  could ;  for  I  did  not  like  to  say  from  the 
Quincy  district,  for  that  would  seem  such  a  humiliation  ! " 
Mr.  Thomas  said,  "The  gentleman  need  not  trouble 
himself  about  that.  The  position  is  this  :  that  if  the 
law  of  this  District,  as  it  existed  at  the  time  of  the  pas 
sage  of  that  bill,  recognized  a  right  in  a  person  which 

9* 


102  'THE  TKOHfBITION   OF   SLAVERY 

was  capable  of  valuation,  then  the  provision  of  the 
i  Constitution  to  which  I  have  referred  applies  ;  and  you 
could  not  have  taken  that  property,  if  it  is  property,  or 
that  right  which  is  capable  of  computation,  without 
furnishing  that  just  compensation." 

Mr.  Bingham  (Rep.)  of  Ohio  said  that  the  bill  abol 
ishing  slavery  in  the  District  "  showed  conclusively 
upon  its  face  that  it  was  a  matter  of  pure  election  upon 
the  part  of  the  United  States  what  compensation  they 
should  give,  or  whether  they  should  give  any  at  all ; 
and  for  this  reason  it  was  that  Congress  gave  a  gratuity, 
graduating  the  amount  so  that  it  should  not  exceed  in 
the  aggregate  three  hundred  dollars  each.  No  one 
knows  better  than  the  learned  gentleman  from  Massa 
chusetts,  that  such  legislation  as  that,  under  the  general 
provision  of  the  Constitution  which  protects  property, 
is  absolutely  inadmissible.  The  Congress  of  the  United 
States  cannot  be  the  judge  of  the  value  under  that 
clause  of  the  Constitution  at  all,  and  it  never  was." 
Mr.  Stevens  declared  "  that  the  liberation  of  slaves  in 
any  locality  where  any  legislature  has  exclusive  jurisdic 
tion  is  a  political  question,  and  it  is  a  question  of  the 
organization  of  society,  and  in  no  sense  of  the  word 
the  taking  of  private  property.  It  is  a  police  and  a 
political  question,  which  the  supreme  legislature  of  any 
locality  has  a  right  to  decide  as  it  chooses  ;  and  to  say 
that  that  is  not  constitutional,  is  to  inaugurate  a  new,  a 
strange,  and  an  awful  doctrine,  especially  to  come  from 
the  district  of  the  sage  of  Quincy."  —  "Will  the  gen 
tleman  allow  me,"  said  Mr.  Thomas,  "to  say  that  the 
sage  of  Quincy  to  whom  he  alludes,  and  for  whom  his 
respect  is  not  more  profound  than  mine,  affirmed,  when 


IN   THE    TERRITORIES.  103 

he  was  at  Ghent  negotiating  the  treaty  of  peace,  in  his 
correspondence  with  the  British  commissioners,  not  only 
that  there  was  property  in  slaves,  but  that  the  effort  of 
the  British  officers  and  soldiers  to  seduce  slaves  from 
their  masters  was  in  violation  of  the  laws  of  nations? 
And  I  will  say  further,  that  Mr.  Adams  never  voted  for 
the  emancipation  of  slaves  in  the  District  of  Columbia, 
though  his  very  humble  successor  felt  it  his  duty  to  do 
so."  —  "'The  sage  of  Quincy,'"  replied  Mr.  Stevens, 
"has  declared  more  than  twenty  times,  and  half  that 
number  of  times  within  my  hearing,  the  entire  compe 
tency  of  Congress  to  abolish  slavery,  wherever  Con 
gress  has  exclusive  jurisdiction,  without  compensation." 
— "Within  your  hearing?"  inquired  Mr.  Thomas.  "I 
have  often,"  replied  Mr.  Stevens,  "heard  him  make  the 
declaration ;  and  I  have  heard  Henry  Clay  make  the 
same  declaration."  —  "I  can  only,"  said  Mr.  Thomas, 
"say  that  Mr.  Adams's  entire  public  record  is  to  the 
contrary." 

Mr.  Roscoe  Conkling  (Rep.)  of  New  York  remarked, 
that,  "about  a  week  ago,  this  House,  with  great  una 
nimity  so  far  as  this  side  of  the  House  is  concerned, 
upon  deliberation,  raised  a  select  committee,  and  to 
that  committee  committed  this  very  subject,  —  this  whole 
subject  of  confiscation  and  emancipation  everywhere 
within  the  jurisdiction  of  the  United  States.  I  under 
stand  that  committee  is  now  ready  to  report.  My  sug 
gestion  is,  that,  that  committee  being  nearly  ready  to 
give  an  account  to  the  House  of  its  stewardship,  — 
quite  ready,  some  gentleman  says, — it  would  be  well, 
perhaps  courtesy  toward  them,  to  commit  this  bill  to 
that  committee,  and  let  it  re-appear,  if  it  is  to  appear 


104  THE    PROHIBITION    OF    SLAVERY 

at  all,  when  they  shall  have  given  us  their  work,  and 
we  have  an  opportunity  to  see  whether  this  present  pur 
pose  is  within  the  scope  of  the  two  bills  which  I  under 
stand  they  mean  to  report."  Mr.  Fisher  (Uiiion)  of 
Delaware  took  the  floor,  and  the  House  adjourned  to 
Monday,  the  12th  of  May,  when  it  resumed  the  con 
sideration  of  the  bill.  Mr.  Fisher  said,  "I  am  sure 
there  is  no  man  in  this  House  who  can  possibly  desire 
more  than  I  do  to  see  our  country  rid  of  the  great  curse 
of  slavery.  No  man  is  more  profoundly  penetrated 
with  the  conviction,  that  it  would  have  been  far  better 
for  the  harmony  of  our  Union,  as  well  as  for  the  welfare 
and  prosperity  of  the  States,  if  slavery  had  never  been 
known  among  us.  It  is  hardly  necessary  at  this  day  to 
discuss  these  points.  The  terrible  and  exhausting  civil 
war  in  which  we  are  now  engaged  will  tell  to  future 
generations  the  sorrowful  story  of  the  effect  of  the 
institution  upon  the  peace  and  harmony  of  our  Union. 
Sad  and  satisfactory  proof  may  also  be  found  in  the 
debates  even  of  the  Continental  Congress,  which  de 
clared  the  independence  of  the  United  Colonies,  that 
,the  great  and  almost  the  only  trouble  the  patriots  of 
that  immortal  body  had  to  meet  was  just  such  an  one 
as  we,  their  descendants,  are  engaged  in  discussing  here 
from  day  to  day.  The  ink  with  which  the  Declaration 
of  Independence  was  written  had  scarcely  dried,  when, 
upon  the  question  as  to  how  the  taxes  necessary  to 
maintain  it  should  be  levied,  the  subject  of  slavery  came 
up  to  trouble  and  distract  the  national  councils.  It 
stood  with  defiant  boldness  upon  the  very  threshold  of 
the  hall  in  which  was  debated  and  adopted  the  old  Arti 
cles  of  Confederation  in  1783  ;  and  again  in  1787, 


IN   THE    TERRITORIES.  105 

when  the  framers  of  our  present  form  of  government, 
intended  for  a  more  perfect  Union  of  the  States,  assem 
bled  at  Annapolis,  its  ghastly  form  again  stalked  in  to 
disturb  and  distract  the  deliberations  of  those  good  and 
great  men ;  and,  from  that  day  to  the  present,  this  evil 
genius  of  our  destiny  has  from  time  to  time  returned  to 
embarrass  and  impede  our  onward  progress  in  power, 
and  to  position  among  the  nations  of  the  earth,  until 
now  it  has  culminated  in  the  production,  in  the  freest 
and  best  Government  the  world  ever  knew,  of  the  most 
gigantic,  causeless,  and  wicked  Rebellion  of  which  his 
tory  furnishes  any  record." 

Mr.  Lovejoy  modified  his  substitute,  so  that  it 
read,  — 

"  To  the  end  that  freedom  may  be  and  remain  for  ever  the 
fundamental  law  of  the  land  in  all  places  whatsoever,  so  far 
as  it  lies  within  the  powers  or  depends  upon  the  action  of 
the  Government  of  the  United  States  to  make  it  so,  there 
fore — 

"  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
slavery  or  involuntary  servitude,  in  all  cases  whatsoever  (other 
than  in  the  punishment  of  crime,  whereof  the  party  shall  have 
been  duly  convicted),  shall  henceforth  cease,  and  be  prohibited 
for  ever,  in  all  the  Territories  of  the  United  States  now  exist 
ing,  or  hereafter  to  be  formed  or  acquired  in  any  way." 

Mr.  Cox  moved  to  lay  the  bill  on  the  table.  Mr. 
Lovejoy  demanded  the  yeas  and  nays ;  and  they  were 
ordered, — yeas  49,  nays  81.  The  substitute  was  then 
agreed  to.  Mr.  Lovejoy  moved  to  amend  by  striking 
out  the  preamble,  on  which  he  called  the  previous  ques 
tion.  Mr.  Cox  "  would  like  to  amend  that  by  inserting 


106  THE    PROHIBITION    OF    SLAVERY 

the  words,  'to  carry  out  the  Chicago  Platform,  and  to 
dissolve  the  Union.'  "  The  amendment  striking  out  the 
preamble  was  agreed  to ;  and  the  bill  was  ordered  to  be 
engrossed,  and  read  a  third  time.  Mr.  Lovejoy  moved 
the  previous  question  on  the  passage  of  the  bill ;  and  it 
was  ordered.  Mr.  Allen  of  Illinois  demanded  the  yeas 
and  nays  on  the  passage  of  the  bill.  The  question  was 
taken  ;  and  it  was  decided  in  the  affirmative,  — yeas  85, 
nays  50,  —  as  follows  :  — 

YEAS. — Messrs.  Aldrich,  Alley,  Arnold,  Ashley,  Babbitt,  Baker, 
Baxter,  Beaman,  Bingham,  Francis  P.  Blair,  Samuel  S.  Blair,  Blake, 
Buffinton,  Campbell,  Chamberlin,  (/lark,  Colfax,  Frederick  A.  Conk- 
ling,  Roscoe  Conkling,  Cutler,  Davis,  Dawes,  Delano,  Diven,  Duell, 
Dunn,  Edgerton,  Edwards,  Eliot,  Ely,  Fenton,  Fessenden,  Franchot, 
Frank,  Gooch,  Granger,  Hale,  Harrison,  Hickman,  Hooper,  Horton, 
Hutchins,  Julian,  Kelley,  William  Kellogg,  Lansing,  Loomis,  Lovejoy, 
M'Knight,  M'Pherson,  Mitchell,  Moorhead,  Anson  P.  Morrill,  Justin  S. 
Morrill,  Olin,  Pike,  Porter,  Potter,  Alexander  H.  Rice,  John  H.  Rice, 
Riddle,  Edward  H.  Rollins,  Sargent,  Sedgwick,  Shanks,  Sheffield, 
Shellabarger,  Stevens,  Stratton,  Benjamin  F.  Thomas,  Train,  Trimble, 
Trowbridge,  Van  Horn,  Verree,  Wall,  Wallace,  Charles  W.  Walton, 
E.  P.  Walton,  Washburne,  Wheeler,  Albert  S.  White,  Wilson,  Windora, 
and  Worcester, — 85. 

NAYS.  —  Messrs.  Allen,  Ancona,  Joseph  Baily,  Biddle,  Jacob  B. 
Blair,  George  H.  Browne,  William  G.  Brown,  Calvert,  Casey,  Cle 
ments,  Cobb,  Cox,  Cravens,  Crisfield,  Crittenden,  Dunlap,  English, 
Grider,  Haight,  Hall,  Harding,  Holman,  Johnson,  Kerrigan,  Knapp, 
Law,  Lazear,  Leary,  Lehman,  Mallory,  Maynard,  Menzies,  Morris, 
Noell,  Odell,  Perry,  John  S.  Phelps,  Richardson,  Robinson,  Segar, 
John  B.  Steele,  William  G.  Steele,  Francis  Thomas,  Vibbard,  Voor- 
hees,  Wadsworth,  Ward,  Webster,  Wickliffe,  and  Woodruff,  — 50. 

So  the  bill  was  passed  by  the  House  of  Represen 
tatives.  Mr.  Lovejoy  moved  to  amend  the  title  by 
striking  it  out,  and  inserting  in  lieu  thereof  as  follows  : 
"An  act  to  secure  freedom  to  all  persons  within  the 
Territories  of  the  United  States  ;  "  and  this  amendment 
was  agreed  to. 


IN   THE    TERRITORIES.  107 

In  the  Senate,  on  the  15th  of  May,  Mr.  Browning 
(Rep.)  of  Illinois,  from  the  Committee  on  Territories, 
to  whom  was  referred  the  bill  to  secure  freedom  to  all 
persons  within  the  Territories  of  the  United  States, 
reported  it  with  an  amendment. 

On  the  ninth  day  of  June,  Mr.  Wade  (Rep.)  of  Ohio 
moved  to  take  up  the  bill  from  the  House  prohibiting 
slavery  in  the  Territories.  Mr.  M'Dougall  (Dem.) 
of  California  demanded  the  yeas  and  nays,  —  yeas  20, 
nays  15.  So  the  motion  was  agreed  to  ;  and  the  Senate, 
as  in  Committee  of  the  Whole,  proceeded  to  consider 
the  bill  to  secure  freedom  to  all  persons  within  the 
Territories  of  the  United  States.  The  Committee  on 
Territories  reported  the  bill  with  an  amendment,  to 
strike  out  all  after  the  enacting  clause,  and  to  insert 
the  following  in  lieu  thereof:  "  That,  from  and  after  the 
passage  of  this  act,  there  shall  be  neither  slavery  nor 
involuntary  servitude  in  any  of  the  Territories  of  the 
United  States  now  existing,  or  which  may  at  any  time 
hereafter  be  formed  or  acquired  by  the  United  States, 
otherwise  than  in  punishment  of  crimes,  whereof  the 
party  shall  have  been  duly  convicted."  The  amendment 
was  agreed  to,  the  bill  was  reported  to  the  Senate  as 
amended,  and  the  amendment  was  concurred  in.  Mr. 
Carlile  said,  "I  should  like  to  make  an  inquiry  of 
those  who  have  this  bill  in  charge,  whether  this  bill 
will  interfere  with  the  right  of  the  Indians  in  the  Indian 
Territory  to  their  slaves.  I  have  been  looking  into  the 
treaty  stipulations  with  the  Choctaws  and  Seminoles 
and  other  tribes  that  are  settled  now  in  what  we  call 
the  Indian  Territory,  and  those  treaties  expressly  se 
cure  to  the  Indians  the  entire  legislative  control  of  that 


108  THE    PROHIBITION    OF    SLAVERY 

country.  I  suppose  it -is  not  the  intention  of  the  Senate 
to  violate  any  treaty  stipulations  with  the  Indian  tribes." 
Mr.  Wade  did  "  not  intend  to  say  that  it  would  interfere 
with  an  unorganized  Territory  belonging  to  the  United 
States.  It  does  not  interfere  with  them  now  j  but 
whenever  a  Territory  of  the  United  States  is  organized 
there,  then  I  have  no  doubt  this  bill,  if  it  should  become 
a  law,  would  prohibit  slavery  in  that  Territory.  In  my 
judgment,  it  would  not  interfere  with  any  of  their  rights 
there  now."  The  amendment  was  ordered  to  be  en 
grossed,  and  the  bill  to  be  read  a  third  time.  It  was 
read  a  third  time ;  and  on  the  question,  "  Shall  the  bill 
pass? "Mr.  Carlile  called  for  the  yeas  and  nays,  and 
they  were  ordered;  and,  being  taken,  resulted  —  yeas 
28,  nays  10  —  as  follows  :  — 

YEAS. — Messrs.  Anthony,  Browning,  Chandler,  Clark,  Collamer, 
Cowan,  Dixon,  Fessenden,  Foot,  Foster,  Grimes,  Hale,  Harlan,  Harris, 
Howard,  Howe,  King,  Lane  of  Indiana,  Pomeroy,  Rice,  Simmons, 
Sumner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson,  Wilmot,  and  Wilson 
of  Massachusetts,  —  28. 

NATS.  —  Messrs.  Carlile,  Davis,  Kennedy,  Latham,  M'Dougall, 
Nesmith,  Powell,  Saulsbury,  Stark,  and  Wright,  — 10. 

So  the  bill  was  passed  in  the  Senate. 

In  the  House  of  Representatives,  on  the  17th  of  June, 
the  bill  was  taken  up,  and  Mr.  Lovejoy  moved  the  pre 
vious  question  on  concurring  in  the  amendment  of  the 
Senate.  The  previous  question  was  seconded,  and 
the  yeas  and  nays  ordered  on  motion  of  Mr.  Phelps 
(Dem.)  of  Missouri.  The  question  was  taken  on  con 
curring  in  the  Senate  amendment,  — yeas  72,  nays  38. 
So  the  Senate  amendment,  reported  by  Mr.  Browning 
from  the  Committee  on  Territories  to  the  House  bill 
originally  introduced  by  Mr.  Arnold,  and  reported  with 


IN   THE    TERRITORIES.  109 

amendments  by  Mr.  Lovejoy  from  the  Committee  on 
Territories,  was  concurred  in.  The  bill  passed,  and  was 
approved  by  the  President  on  the  19th  of  June,  1862. 
This  act  prohibits  for  ever  slavery  in  all  the  territory  of 
the  United  States  now  existing,  or  that  may  hereafter 
be  acquired ;  thus  closing  for  ever  the  long  contest  be- 
twen  freedom  and  slavery  for  the  vast  Territories  now 
in  possession  of  the  United  States. 


10 


110 


CHAPTER  VI. 

CERTAIN  SLAVES  TO  BE  MADE  FREE. 

MR.  POMEROY'S  BILL.  —  MR.  TRUMBULL'S  BILL.  —  MR.  MORRILL'S  JOINT 
RESOLUTION.  —  REPORT  OF  THE  JUDICIARY  COMMITTEE. — MR.  SUM- 
NER'S  AMENDMENT.  —  MR.  SHERMAN'S  AMENDMENT. —  REMARKS  OF 
MR.  WILLEY.  —  MR.  BALE'S  REPLY.  —  MR.  HARRIS'S  AMENDMENT. — 

REMARKS  OF  MR.  HOWARD.  —  MR.  COLLAMER'S  AMENDMENT.  —  MOTION 
TO  REFER  TO  A  SELECT  COMMITTEE.  —  REMARKS  OF  MR.  WILMOT.  — 

MR.  WILSON'S  AMENDMENT.  —  MR.  COLLAMER.  —  MOTION  TO  REFER  TO 
A  SELECT  COMMITTEE  BY  MR.  CLARK.  —  REMARKS  OF  MR.  HALE.  — 
MR.  WILSON'S  REPLY.  —  SELECT  COMMITTEE.  —  MR.  CLARK'S-  REPORT. 

—  MR.    SUMNER'S    AMENDMENT.  —  MR.    DAVIS'S    AMENDMENT.  —  MR. 
SAULSBURY'S  AMENDMENT. —  MR.  WILSON'S  AMENDMENT. —  MR.  CLARK'S 
AMENDMENT.  —  MR.  SUMNER'S  AMENDMENT.  —  PASSAGE  OF  THE  BILL. 

—  HOUSE. —  MR.  ELIOT'S  RESOLUTION. —  MR.  ROSCOE  CONKLING'S  AMEND 
MENT. —  MR.  CAMPBELL'S  RESOLUTION.  —  MR.  STEVENS'S  RESOLUTION.— 
MR.  CONWAY'S  RESOLUTION.  —  BILLS  REFERRED  TO  JUDICIARY  COM 
MITTEE. —  MR.  HICKMAN'S  REPORT.— MR.  BINGHAM'S  SUBSTITUTE. — 

"     MR.  PORTER'S  AMENDMENT.  —  MR.  ELIOT'S  REPORT.  —  BILL  DEFEATED. 

—  RECONSIDERATION.  —  RECOMMITTED  ON  MOTION  OF  MR.  PORTER.  — 
REPORTED  BACK  BY  MR.  ELIOT.  —  MR.  CLARK'S  AMENDMENT.  —  SEN 
ATE  AMENDMENT  LOST  IN  THE  HOUSE.  —  SENATE  CONFERENCE  COM 
MITTEE.  —  HOUSE   CONFERENCE  COMMITTEE.  —  REPORT  OF  CONFERENCE 
COMMITTEE.  —  MR.    CLARK'S   SENATE   AMENDMENT   ADOPTED. 

THE  Thirty-seventh  Congress  assembled  on  the  4th 
of  July,  1861.  In  the  Senate,  on  the  16th,  Mr. 
Pomeroy  (Rep.)  of  Kansas  introduced  a  bill  "to  sup 
press  the  Slaveholders'  Rebellion."  This  bill  set  forth 
that  slavery  had  culminated  in  a  formidable  Rebellion  ; 
that  it  presented  to  the  nation  the  great  question,  which 
it  must  settle  now,  and  settle  for  ever,  whether  Ameri 
can  slavery  shall  die,  or  American  freedom  shall  live  ; 


CERTAIN   SLAVES    TO   BE    MADE   FREE.  Ill 


that  by  virtue  of  the  Constitution,  and  as  a  great  mili 
tary  necessity,  it  be  enacted  that  there  shall  be  no  slavery 
in  any  of  the  States  that  claim  to  have  seceded  from  the 
Government,  and  are  in  open  and  armed  resistance  to 
the  laws  and  Constitution  of  the  United  States.  The 
bill  was  read  twice,  and  ordered  to  lie  on  the  table  and 
be  printed. 

On  the  5th  of  December,  1861,  Mr.  Trumbull 
(Rep.)  of  Illinois  introduced  a  bill,  which  provided  that 
the  slaves  of  persons  who  shall  take  up  arms  against  the 
United  States,  or  in  any  manner  aid  or  abet  this  Rebel 
lion,  shall  be  discharged  from  serviee  or  labor,  and 
become  for  ever  thereafter  free,  any  law  to  the  contrary 
notwithstanding.  In  presenting  his  bill,  Mr.  Trumbull 
said,  "  The  right  to  free  the  slaves  of  rebels  would  be 
equally  clear  with  that  to  confiscate  their  property  gen 
erally  ;  for  it  is  as  property  that  they  profess  to  hold 
them  :  but,  as  one  of  the  most  efficient  means  for  attain 
ing  the  end  for  which  the  armies  of  the  Union  have  been 
called  forth,  the  right  to  restore  to  them  the  God-given 
liberty  of  which  they  have  been  unjustly  deprived  is 
doubly  clear.  It  only  remains  to  inquire,  whether,  in 
making  use  of  lawful  means  to  crush  this  wicked 
Rebellion,  it  is  policy  to  confiscate  the  property  of 
rebels,  and  take  from  them  the  support  of  unrequited 
labor.  Can  there  be  a  question  on  this  point?  Who 
does  not  know  that  treason  has  gained  strength  by  the 
leniency  with  which  it  has  been  treated?  We  have 
dallied  with  it  quite  too  long  already.  Instead  of  being 
looked  upon  as  the  worst  of  crimes, —  as  it  really  is,  — 
it  has  come  to  be  regarded  as  a  trivial  offence,  to  be 
atoned  for  by  a  promise  to  do  so  no  more.  The  despoil- 


112     CERTAIN  SLAVES  TO  BE  MADE  FREE. 

ers  of  loyal  citizens,  the  conspirators  against  the  peace 
of  a  nation,  the  plunderers  of  the  public  property,  the 
assassins  of  liberty,  when  they  have  fallen  into  our 
hands,  have  been  suffered  to  escape  on  taking  an  oath 
of  allegiance  which  many  have  not  scrupled  to  violate 
on  the  first  opportunity. 

On  the  llth  of  December,  Mr.  Morrill  (Rep.)  of 
Maine  introduced  a  joint  resolution  to  confiscate  the 
property  of  rebels,  and  satisfy  the  just  claims  of  loyal 
persons.  This  joint  resolution  provided  that  any  and 
all  claim  or  right  of  a  person,  who  shall  conspire  with 
others  to  overthrow,  put  down,  or  destroy  by  force,  the 
Government  of  the  United  States,  to  the  labor  of  any 
other  person  under  the  laws  of  any  State  or  Terri 
tory,  shall  be  declared  to  be  annulled,  any  law  or 
usage  of  any  State  or  Territory  or  of  the  United 
States  to  the  contrary  notwithstanding.  Mr.  Merrill's 
resolution  was  read  twice,  referred  to  the  Judiciary 
Committee,  and  ordered  to  be  printed.  Mr.  Trumbull, 
Chairman  of  the  Judiciary  Committee,  to  which  the 
bill  he  had  introduced  was  referred,  reported  it  back 
on  the  15th  of  January,  1862.  On  the  25th  of  Febru 
ary,  the  Senate,  on  motion  of  Mr.  Trumbull,  proceeded 
to  its  consideration,  as  in  Committee  of  the  Whole. 
Mr.  Pomeroy  of  Kansas  inquired  "  if  the  senator  from 
Illinois  intended  by  the  third  section  to  commit  the 
Government  to  the  returning  of  fugitive  slaves."  — 
"  Unquestionably  not,"  replied  Mr.  Trumbull ;  "  and  I 
do  not  think  the  language  of  the  bill  warrants  that  con 
struction.  It  says  to  the  commissioners,  to  the  United 
States  judges,  to  everybody,  'You  shall  never  make  an 
order,  under  the  Fugitive-slave  Act,  to  surrender  up  a 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  113 

man  claimed  as  a  fugitive  from  service  or  labor,  until  it 
is  first  proved  to  your  satisfaction  that  the  claimant  is 
and  has  been  loyal  to  the  Government.'  That  is  the  in 
tention  of  the  provision."  Mr.  Pomeroy  was  opposed  to 
the  section  favoring  the  colonization  of  the  emancipated 
slaves.  If  that  provision  was  insisted  on,  he  should  feel 
called  upon  "  to  offer  an  amendment  for  the  transporta 
tion,  colonization,  and  settlement,  in  some  country  be 
yond  the  limits  of  the  United  States,  of  such  slaveholders 
as  have  been  engaged  in  the  Rebellion."  Mr.  Willey 
(Union)  of  Virginia  thought  an  immense  number  of 
negroes  would  be  enfranchised  before  the  close  of  the 
war,  and  thrown  upon  the  community.  He  was  "  in 
favor  of  colonization ;  but  where  was  the  money  to  come 
from  ?" —  "I  may  be  in  error,"  said  Mr.  Ten  Eyck 
(Rep.)  of  New  Jersey;  "but,  for  one,  I  should  be  opposed 
to  the  second  section,  which  provides  for  the  enlarge 
ment  or  liberation  of  persons  held  to  service  or  labor, 
unless  the  third  section,  or  a  section  similar  to  it,  be 
comes  a  law  also  at  the  same  time."  —  "I  concur,"  said 
Mr.  Sumner  (Rep.)  of  Massachusetts,  "with  the  senator 
from  Kansas  in  all  he  has  said  in  relation  to  the  Fugitive- 

O 

slave  Bill.  I  have  never  called  that  a  law,  or  even  an 
act.  I  regard  it  simply  as  a  bill ;  still,  a  bill  having  no 
authority  under  the  Constitution  of  the  United  States. 
There  is  no  fountain  in  that  instrument  out  of  which 
that  enormity  can  be  derived.  That  is  my  idea :  I 
believe  it  is  the  idea  of  the  senator  from  Kansas.  I 
therefore  propose  an  amendment  which  shall  remove  all 
such  implication  or  possibility  of  recognition,  on  our 
part,  of  that  bill ;  while  at  the  same  time  I  believe  it  will 
carry  out  completely,  adequately,  in  every  respect,  the 

10* 


114  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

idea  of  the  senator  from  Illinois  in  the  measure  which  is 
now  under  consideration.  I  propose  to  strike  out  all 
after  the  word  '  before,'  in  the  sixteenth  line,  down  to 
the  word  'that,'  in  the  nineteenth  line,  being  these 
words,  'Any  order  for  the  surrender  of  the  person  whose 
service  is  claimed,  establish  not  only  his  title  to  such 
service,  as  now  provided  by  law,  but  also,'  and,  instead 
thereof,  insert,  'proceeding  with  the  trial  of  his  claim, 
satisfactorily  prove  : '  so  that  the  sentence  will  read,  f  He 
shall  in  the  first  instance,  and  before  proceeding  with 
the  trial  of  his  claim,  satisfactorily  prove  that  he  is,  and 
has  been  during  the  existing  Rebellion,  loyal  to  the  Gov 
ernment  of  the  United  States."  Mr.  Trumbull  was 
entirely  willing  the  Senate  should  adopt  it ;  and  it  was 
agreed  to. 

Mr.  M'Dougall  (Dem.)  of  California,  on  the  3d  and 
4th  of  March,  addressed  the  Senate  in  a  speech  of  great 
length  in  opposition  to  the  enactment  of  the  pending 
bill  or  any  kindred  measure.  He  was  followed  by  Mr. 
Cowan  (Rep.)  of  Pennsylvania  in  opposition  to  the 
measure.  "If  it  passes,"  he  said,  "I  think  it  will  be 
the  great  historic  event  of  the  times,  —  times  which  are 
as  fruitful  of  events  as  any  the  world  has  ever  witnessed. 
Upon  the  disposition  we  may  make  of  it,  perhaps  the 
fate  of  the  American  Republic  may  depend  ;  and  no  one 
surely  can  overrate  the  magnitude  of  any  thing  which 
may  be  attended  with  such  consequences.  .  .  .  Pass 
this  bill,  and  the  same  messenger  who  carries  it  to  the 
South  will  come  back  to  us  with  the  news  of  their  com 
plete  consolidation  as  one  man.  We  shall  then  have 
done  that  which  treason  could  not  do  :  we  ourselves 
shall  then  have  dissolved  the  Union ;  we  shall  have  rent 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  115 

its  sacred  charter,  and  extinguished  the  last  vestige  of 
affection  for  it  in  the  slave  States  by  our  blind  and  pas 
sionate  folly." 

Mr.  Morrill  of  Maine,  on  the  5th,  addressed  the  Sen 
ate  earnestly  and  eloquently  in  favor  of  the  bill.  "The 
great  measure  before  us,"  said  Mr.  Morrill,  "and  none 
greater  has  ever  been  before  the  Senate,  has  been  char 
acterized  in  this  debate  in  earnest,  eloquent,  indignant, 
and,  I  think  I  am  authorized  to  say,  satirical  speech,  as 
extraordinary,  unconstitutional,  oppressive,  and  inexpe 
dient.  ...  If  slavery  makes  war  on  the  nation  for  any 
purpose,  I  maintain  the  right  of  the  Government,  under 
the  Constitution,  to  defend  itself,  and,  in  doing  so,  '  to 
liberate  the  slaves '  of  rebels ;  and  that  whenever  and 
howsoever  the  question  arises  between  '  the  existence  of 
the  institution  '  and  the  Constitution,  slavery  and  the 
Union,  the  former  must  go  to  the  wall,  must  perish, 
if  necessary  to  preserve  the  latter  ;  and  that  this  may  be 
done  in  the  name  and  in  the  behalf  of  ?  American  con 
stitutional  liberty.'  .  .  .  The  right  of  slavery  to  '  ex 
emption  from  interference  within  its  locality '  is  lost  in 
its  audacious  revolt  and  armed  assault  on  the  Govern 
ment.  Its  cry  'to  be  let  alone,'  amid  the  cannonading 
of  Sumter,  is  a  shallow  pretence  to  conceal  a  wicked 
purpose." 

Mr.  Browning  (Rep.)  of  Illinois  followed,  on  the 
10th,  in  a  lengthy  and  elaborate  speech  in  opposition  to 
the  passage  of  the  bill.  He  thought  legislation  of  this 
character  dangerous,  and  maintained  that  "the  war 
powers  of  the  Government  were  fully  adequate  to  the 
needs  of  the  occasion."  Mr.  Carlile  (Dem.)  of  Virginia 
followed,  on  the  11th,  in  a  long  and  discursive  speech  in 


116  CERTAIN   SLAVES    TO   BE    MADE   FREE. 

opposition.  He  declared  that  "  self-preservation  would 
compel  the  States  within  which  slavery  now  exists,  if 
the  slaves  were  emancipated,  either  to  expel  them  from 
the  State,  or  re-enslave  them.  If  expelled,  where  would 
they  go?  The  non-slaveholding  States,  many  of  them, 
exclude  them  by  express  constitutional  provision ;  others 
would  do  so  :  for  we  are  told  by  the  advocates  of 
emancipation,  that  the  negro  is  not  to  be  permitted, 
when  liberated,  to  come  into  their  States.  What  fol 
lows  ?  —  extermination  or  re-enslavement.  Can  it  be 
possible  that  the  Christian  sentiment  of  the  North,  which, 
it  is  said,  demands  the  abolition  of  slavery,  desires  the 
extermination  of  the  negro  race?  The  well-being,  if 
not  the  existence,  of  the  white  race,  would  demand  their 
re-enslavement ;  and  it  would  be  done." 

On  the  7th  of  April,  on  motion  of  Mr.  Trumbull, 
the  Senate  resumed  the  consideration  of  the  bill ;  and 
Mr.  Trumbull  defended  it  against  the  assaults  made 
upon  it,  in  an  elaborate  speech,  which  he  closed  by  say 
ing,  "  Such  an  opportunity  to  strike  a  blow  for  freedom 
seldom  occurs  as  that  now  presented  to  the  American 
Congress.  As  most  of  the  owners  of  slaves  are  en 
gaged  in  the  Rebellion,  and  will  probably  continue  so  for 
some  time,  the  effect  would  be,  if  this  bill  were  speedily 
enacted  into  a  law,  that  they  would  by  their  own  act 
give  freedom  to  most  of  the  slaves  in  the  country ;  and 
thus  would  be  solved  in  a  great  measure,  through  the 
agency  of  this  wicked  Rebellion,  the  great  question, 
What  is  to  be  done  with  African  slavery  ?  —  a  subject 
in  view  of  which  Jeiferson  in  his  day  exclaimed,  that 
'  he  trembled  when  he  remembered  that  God  was  just.' 
I  appeal  to  senators,  as  philanthropists,  as  patriots,  as 


CERTAIN    SLAVES    TO   BE    MADE    FREE.  117 

lovers  of  the  Union  and  of  constitutional  liberty,  not 
to  let  pass  this  opportunity,  which  a  wicked  Rebellion 
presents,  of  making  it  the  means  of  giving  freedom  to 
millions  of  the  human  race,  and  thereby  destroying  to  a 
great  extent  the  source  and  origin  of  the  Rebellion, 
and  the  only  thing  which  has  ever  seriously  threatened 
the  peace  of  the  Union." 

Mr.  Henderson  (Union)  of  Missouri,  on  the  8th, 
made  a  lengthy  but  eloquent  speech  against  the  bill. 
"It  is  useless,"  said  Mr.  Henderson,  "to  devise  cunning 
schemes  to  effect  the  destruction  of  slavery.  It  is  worse 
than  useless  to  violate  the  least  of  constitutional  safe 
guards  to  accomplish  it.  The  shells  that  passed  from 
rebel  batteries  to  Fort  Sumter,  twelve  months  ago, 
wrote  its  doom  in  living  letters  upon  the  Southern  skies. 
If  they  will  destroy  it  themselves,  let  all  the  responsi 
bility  of  evils  to  spring  from  this  sudden  change  in  the 
labor  and  social  system  of  the  country  rest  upon  the  au 
thors  of  the  war." 

Mr.  Sherman,  on  the  10th,  moved  an  amendment  in 
the  nature  of  a  substitute.  It  provided  for  confiscating 
the  property  and  freeing  the  slaves  of  certain  leading 
classes  of  rebels.  Mr.  Willey  again  spoke  in  earnest 
condemnation  of  the  bill  and  all  kindred  measures. 
w  What  will  be,"  he  asked,  "  the  necessary  and  inevi 
table  result  of  this  policy  if  it  be  carried  into  effect  ? 
It  will  be,  that  Virginia,  by  this  increase  of  the  free 
negro  population  under  the  operation  of  this  bill,  will  be 
driven  not  only  to  re-enslave  those  who  may  be  manu 
mitted  under  the  operation  of  the  present  bill,  but  also  to 
re-enslave  the  sixty  thousand  free  negroes  already  there. 
That  will  be  the  policy  that  my  honorable  friend  from 


118  CERTAIN   SLAVES    TO   BE    MADE   FREE. 

Kentucky  (Mr.  Davis)  will  see  take  effect  in  his  State  ; 
and  so  it  must  be  in  Maryland,  and  in  every  State 
where  the  operation  of  this  bill  will,  to  any  extent,  in 
crease  the  number  of  the  free  negro  population.  .  .  .  You 
are  surrounding  us  by  an  impassable  barrier  of  consti 
tutional  interdictions  against  the  diffusion  of  this  popu 
lation  ;  while  at  the  same  time  you  want  to  manumit  our 
slaves,  and  throw  them  broadcast  on  our  community. 
Sir,  the  evil  will  be  unendurable  ;  and  the  result  will  be 
the  re-enslavement  of  the  slaves  thus  manumitted,  as 
well  as  those  already  free  in  our  State."  Mr.  Hale 
replied  to  Mr.  Willey's  intimation,  that  the  emancipated 
slaves  would  be  re-enslaved,  in  a  defiant  and  effective 
speech.  "  I  have,"  he  said,  "  as  high  regard  for  the 
chivalry,  bravery,  and  power  of  Kentucky,  Virginia, 
and  Maryland,  and  any  of  these  States,  as  any  man  has  ; 
but  I  tell  them,  and  I  tell  the  legislature  of  every  State 
in  the  Union,  that,  when  they  undertake  that,  they  under 
take  a  job  that  they  cannot  do  :  they  set  themselves  in 
opposition  to  the  moral  sentiment  of  the  country  and 
of  the  world.  There  is  not  a  monarch  to-day  on  the 
throne  of  any  of  the  kingdoms  of  Europe  situated  there 
so  firmly,  that  he  dare  to  set  himself  in  opposition  to  the 
moral  sentiment  of  mankind.  I  take  it,  sir,  that  it  is 
neither  fanaticism  nor  superstition  to  say,  that  when  the 
Creator  of  the  earth  made  the  earth,  and  the  same  Power 
made  colored  men,  he  intended  that  the  colored  men 
he  had  made  should  dwell  upon  the  earth  that  he  had 
made ;  and  that  when  the  broad  earth  was  subjected 
to  the  servitude  of  man,  and  the  fiat  went  forth  that 
by  the  sweat  of  the  brow  of  man  should  his  living  be 
obtained  from  the  earth,  it  was  a  universal  edict,  irre- 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  119 

spective  of  complexion,  and  that  the  earth  is  subject  to 
the  servitude  of  supporting  the  black  man  as  well  as  the 
white.  I  laugh  to  scorn  all  attempts  and  all  threats  at 
re-enslaving  this  people.  I  tell  you,  it  cannot  be  done." 
"  If  the  honorable  gentleman,"  replied  Mr.  Willey,  "had 
been  better  cognizant  of  my  antecedents,  humble  as  they 
are,  on  this  subject,  he  certainly  would  never  have  con 
ceived  it  to  be  his  duty  to  rise  here,  and  rebuke  me  for 
having  uttered  sentiments  that  were  contrary  even  to 
his  peculiar  theories.  It  is  not  becoming  a  man  to 
speak  of  himself;  but,  rightfully  or  wrongfully,  I  have 
that  consciousness  which  satisfies  my  own  heart,  having 
devoted  nearly  half  of  all  I  had  in  setting  negroes  free. 
Thousands  of  dollars  out  of  my  poor  pittance  and  estate 
have  been  surrendered  as  attestations  of  my  belief  in 
the  doctrine  for  which  the  honorable  Senator  from  New 
Hampshire  has  thought  it  necessary  to  rise  up  here  and 
rebuke  me." 

Mr.  Harris  (Rep.)  of  New  York,  on  the  14th,  sub 
mitted  a  substitute  he  intended  to  offer,  and  addressed 
the  Senate  in  exposition  of  his  views  of  the  duty  de 
manded  by  the  needs  of  the  country.  Of  the  seventh 
section  of  his  intended  amendment  he  said,  "  The  seventh 
section  of  the  substitute,  which  is  in  substance  the  same 
as  the  second  section  of  the  original  bill,  relates  ex 
clusively  to  the  slave  property  of  rebels.  Unlike  the 
provisions  of  preceding  sections,  the  forfeiture  declared 
is  applicable  alike  to  all  persons  who  shall  be  found 
engaged  in  the  Rebellion.  This  is  clearly  right.  All 
must  agree,  I  think,  that  slavery  is  the  chief,  indeed 
the  sole,  producing  cause  of  the  Rebellion.  It  has  long 
been,  and,  so  long  as  it  continues  to  exist,  it  will  be, 


120  CERTAIN    SLAVES    TO   BE    MADE   FREE. 

the  great  disturbing  element  in  our  political  system. 
Northern  politicians,  seeking  to  obtain  political  power, 
have  cowered  before  it,  and  ignominiously  yielded  to  its 
imperious  exactions.  In  this  way,  it  has  been  able  to 
hold  the  reins  and  control  the  policy  of  the  Government 
for  most  of  the  time  since  our  history  as  a  nation  began, 
—  often,  very  often,  to  the  serious  prejudice  of  our  best 
interests  as  a  nation.  It  was  because,  and  only  because, 
this  power  had  been  wrested  from  its  hands  by  an  indig 
nant  and  long-suffering  people,  that  this  Eebellion  was 
inaugurated." 

Mr.  Powell  (Dem.)  of  Kentucky,  on  the  16th,  spoke 
in  opposition  to  the  bill,  and  in  severe  denunciation  of 
the  antislavery  policy  of  the  administration.  Mr.  How 
ard  (Rep.)  of  Michigan  addressed  the  Senate  in  support 
of  the  policy  of  confiscation,  and  the  emancipation  of  the 
slaves  of  rebels,  in  a  speech  of  great  clearness  and  logi 
cal  power.  He  arraigned  the  slaveholding  leaders  of 
the  Rebellion  for  their  "  deceptive,  delusive,  and  wicked 
words  and  deeds."  He  said,  ft  Sir,  even  Satan,  disguis 
ing  his  horrid  form,  and  — 

'  Squat  like  a  toad  fast  by  the  ear  of  Eve,' 

practised  no  more  deliberate  deceit  upon  the  sleeping 
mother  of  the  race.  They  alarmed  the  fears  of  the 
timid  and  unthinking  ;  they  aroused  the  vigilance  which 
ever  presides  over  property ;  they  stirred  up  the  gall 
and  bitterness  of  the  bigot  and  fanatic,  who  deduce  the 
right  of  slavery  from  the  gospel  itself;  they  inflamed 
the  sectional  pride  of  those  who  mistakenly  claim  per 
sonal  and  heroic  qualities  superior  to  those  of  North 
ern  men  ;  addressing  the  rich  planter,  they  scoffed  at 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  121 

labor  as  fit  only  for  slaves ;  they  spoke  of  the  rapid 
increase  of  population  in  the  free  States  as  an  alarming 
portent,  and  sorrowed  deeply  over  the  prospect  of  being 
compelled  to  submit  to  the  will  of  a  majority.  Finding 
that,  by  their  own  incautious  haste  in  forcing  the  North 
ern  Democracy  to  adopt  obnoxious  measures,  they  had 
united  the  Northern  people  to  resist  the  further  triumphs 
of  their  ambition,  and  had  thus  lost  the  balance  of 
power,  they  invoked  eloquently  the  memories  of  their 
former  domination,  and  wept  over  its  decline.  At  every 
public  gathering,  the  air  was  burdened  with  their  im 
passioned  appeals  to  the  masses  to  rise,  and  resist  the 
imaginary 'wrongs  threatened  by  the  North,  or,  as  they 
derisively  called  the  friends  of  the  Government,  Yan 
kees.  Every  court-house,  every  church,  every  fair 
ground,  was  vocal  with  traitorous  eloquence  ;  and  God's 
innocent  air  was  loaded  with  execrations  against  a  Gov 
ernment,  the  work  of  their  and  our  fathers,  which  never 
harmed  a  hair  of  their  heads,  and  whose  only  fault  — 
shown  in  the»compromise  measures  of  1833  —  was,  that 
it  had  loved  them,  not  wisely,  but  too  well.  To  the 
aspirant  after  place  and  honor,  they  held  out  the  pros 
pect  of  a  separate  Congress,  President,  separate  cabinet 
ministers,  judges,  and  ambassadors  and  consuls  abroad; 
to  the  lovers  of  adventure  and  booty,  they  pointed  to 
the  weak  and  distracted  governments  of  Mexico  and 
the  Central- American  States,  to  their  mines,  their  cotton 
and  sugar  lands,  and  the  ornaments  of  their  churches. 
Their  ambition  grasped  Cuba ;  and  that  island  was  soon 
to  undergo  a  practical  verification  of  the  doctrines  of  the 
Ostend  Conference,  which  had  received  the  blind  adhe 
sion  of  the  President  whom  their  votes  had  elected  in 
^  ^  11 


122  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

1856.  And  at  the  foundation  of  this  splendid  chimera 
of  revolution  and  dominion,  the  pivot  on  which  the 
whole  structure  was  to  turn,  was  the  idea,  repelled  by 
all  the  accredited  teachers  of  morals  and  public  law, 
that  the  black  man  was  born  to  be  a  slave,  and  that  it 
was  to  defy  the  decrees  of  God  and  Nature  to  allow  him 
to  be  free." 

Mr.  Davis  (Opp.)  of  Kentucky  followed,  on  the  22d 
and  23d,  in  a  very  long  and  exhaustive  speech  in  oppo 
sition.  He  averred  that  "neither  the  Declaration  of 
Independence  nor  the  Constitution  was  ever  intended  to 
embrace  slaves,  nor  any  of  the  negro  race,  nor  any  of 
the  Indian  race,  nor  foreigners.  It  has  been  attempted 
in  this  argument  to  apply  the  prohibitions  of  the  Consti 
tution  to  foreigners.  It  no  more  embraces  foreigners 
than  it  does  quadrupeds.  It  no  more  embraces  Indians 
or  slaves,  except  one  or  two  prohibitions  that  are 
intended  to  preserve  the  humanity  of  our  laws,  than  it 
does  quadrupeds  or  wild  beasts.  The  only  partners  to 
our  political  partnership  were  the  whiter  men.  The 
negro  was  no  party,  and  he  cannot  now  constitutionally 
be  any  party,  to  it.  He  was  outside  of  it  at  the  time 
the  Constitution  was  formed,  and  will  be  for  ever,  to 
this  fundamental  law  of  our  Government." 

Mr.  Sherman  (Rep.)  of  Ohio  spoke  in  support  of 
his  substitute.  On  the  24th,  Mr.  Collamer  (Rep.)  of 
Vermont  addressed  the  Senate  in  an  elaborate  and  able 
and  effective  speech.  "The  slaves,"  he  said,  "are  now 
in  the  possession  and  control  of  their  masters,  except  so^ 
far  as  our  army  goes.  If  they  try  to  get  away,  espe 
cially  if  they  are  at  any  considerable  distance  from  our 
armies,  their  masters  will  not  allow  them  to  do  it.  Of 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  123 

course,  the  masters  are  not  going  to  let  them  get  away 
to  join  us  to  shoot  them  :  they  will  stop  them,  perhaps 
kill  them  in  the  attempt.  If  we  knew  people  were 
going  from  us  to  join  the  enemy  and  fight  us,  we  should 
not  let  them  go  :  neither  do  they.  Now,  by  this  bill, 
we  say  to  these  slaves,  if  they  are  ever  to  learn  what  we 
do  at  all  (and,  if  they  do  not,  it  can  have  no  effect), 
f  You  need  not  run  any  risk  about  offending  your  master  : 
perhaps  your  master  will  succeed  in  the  Rebellion  ;  and 
you  will  suffer  pretty  hard  if  you  undertake  to  run  away, 
and  he  catches  you.  You  may  remain  quietly  with  your 
master,  and  not  incur  the  hazard  of  his  displeasure  or 
punishment ;  but  if,  after  all,  your  master  does  not  suc 
ceed,  you  shall  be  free,  whether  you  help  us  or  not.' 
Is  that  good  policy?  That  is  the  bill.  It  does  not 
seem  to  me  to  be  a  very  wise  means  to  the  end,  if  such 
an  end  is  had  in  view,  as  I  suppose." 

Mr.  Sherman  withdrew  his  amendment,  to  enable  the 
senator  from  Vermont  to  submit  his  substitute  ;  and  Mr. 
Trumbull  the*i  addressed  the  Senate  upon  the  various 
substitutes  proposed.  On  the  29th,  Mr.  Cowan  moved 
"that  all  bills,  substitutes,  and  amendments  relating  to 
the  punishment  of  rebels,  and  the  forfeiture  and  confisca 
tion  of  their  property,  be  referred  to  a  select  committee 
of  seven,  to  examine  and  report  upon  the  same." 

Mr.  Browning  addressed  the  Senate  at  great  length 
in  earnest  remonstrance  against  the  policy  embodied  in 
these  bills.  On  the  30th,  Mr.  Wilmot  addressed  the 
Senate  in  earnest  advocacy  of  the  bill.  He  said,  "The 
second  section,  that  providing  for  the  emancipation  of 
the  slaves  of  rebels,  I  sustain  in  the  whole  length  and 
breadth  of  its  provisions.  While  I  shall  claim  for  the 


124  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

Government  full  power  over  the  subject  of  slavery,  I 
would  not  at  this  time  go  beyond  the  provisions  of  this 
bill.  I  would  to-day  give  freedom  to  the  slaves  of  every 
traitor ;  and,  after  that,  would  confidently  look  for  the 
early  adoption  of  the  policy  recommended  by  the  Presi 
dent,  gradually  to  work  out  the  great  result  of  universal 
emancipation.  .  .  .  This  great  revolt  against  the  integ 
rity  and  sovereignty  of  the  nation  has  no  other  founda 
tion  than  slavery.  Democratic  government  is  a  perpetual 
danger  to  slavery.  The  government  of  an  oligarchy  is 
demanded  as  security  for  its  perpetuity  and  power. 
Here  is  the  cause  of  the  Rebellion,  with  its  immense  sac 
rifices  of  life  and  treasure.  Amidst  the  sacrifices  of 
this  hour,  this  universal  wreck  of  interests,  shall  the 
slaveholding  traitor  grasp  securely  his  human  chattel  ?  " 
Mr.  Wright  (Union)  of  Indiana  followed  in  support 
of  the  policy  of  confiscation.  The  President  stated 
that  the  pending  question  was  the  motion  of  Mr.  Cowan 
to  commit  the  bill  and  all  the  amendments  to  a  special 
committee.  Mr.  Wilkinson,  Mr.  Wade,  Mr.  Hale, 
and  Mr.  Trumbull,  earnestly  opposed  the  motion ;  and 
Mr.  Cowan  made  an  equally  earnest  appeal  for  refer 
ence.  Mr.  Howard  moved  to  submit  an  amendment  to 
the  pending  resolution,  in  the  following  words  :  — 

"  With  instructions  to  bring  in  a  bill  for  the  confiscation  of 
all  the  property  of  the  leading  insurgents,  and  the  emancipa 
tion  of  the  slaves  of  all  persons  who  have  token  up  arras 
against  the  United  States  during  the  present  insurrection." 

Mr.  Davis  moved  to  strike  out  the  words,  "and  the 
emancipation  of  the  slaves  of  all  persons."  The  question 
being  taken  by  yeas  and  nays,  resulted  —  yeas  11,  nays 
29  :  so  the  amendment  to  the  amendment  was  rejected. 


CERTAIN    SLAVES    TO   BE    MADE    FREE.  125 

Mr.  Howard  then  Withdrew  his  amendment.  The  ques 
tion  was  taken  on  Mr.  Cowan's  motion  to  refer  all  the 
bills  and  amendments  to  a  special  committee, — yeas  18, 
nays  22. 

On  the  1st  of  May,  the  Senate  resumed  the  consider 
ation  of  the  bill ;  the  pending  question  being  Mr.  Colla- 
mer's  substitute.  Mr.  Wilson  (Rep.)  of  Massachusetts 
moved  to  strike  out  the  sixth  section  of  the  amend 
ment  proposed  by  Mr.  Collamer,  and  to  substitute  in 
lieu  of  it,  "That,  in  any  State  in  which  the  inhabitants 
have  by  the  President  been  heretofore  declared  in  a  state 
of  insurrection,  the  President  is  required,  for  the  speedy 
and  more  effectual  suppression  of  said  insurrection, 
within  thirty  days  after  the  passage  of  this  act,  to 
appoint  a  day  when  all  persons  holden  to  service  in  any 
such  State,  whose  service  is  by  the  law  of  said  State  due 
to  one.  who,  after  the  passage  of  this  act,  shall  levy  war 
or  participate  in  insurrection  against  the  United  States, 
or  give  aid  to  the  same,  shall  be  for  ever  free,  any  law 
to  the  contrary  notwithstanding."  In  support  of  this 
amendment,  Mr.  Wilson  said,  "I  am  free  to  confess  that 
the  provision  emancipating  the  slaves  of  rebels  is,  with 
me,  the  chief  object  of  solicitude.  I  do  not  expect  that 
we  shall  realize  any  large  amount  of  property  by  any 
confiscation  bill  that  we  shall  pass.  After  the  conflict, 
when  the  din  of  battle  has  ceased,  the  humane  and  kindly 
and  charitable  feelings  of  the  country  and  of  the  world 
will  require  us  to  deal  gently  with  the  masses  of  the 
people  who  are  engaged  in  this  Rebellion.  It  will  be 
pleaded,  that  wives  and  children  will  suffer  for  the  crimes 
of  husbands  and  fathers ;  and  such  appeals  will  have  more 
or  less  effect  upon  the  future  policy  of  the  Government. 

11* 


126  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

But,  sir,  take  from  rebel  masters  their  bondmen,  and 
from  the  hour  you  do  so  until  the  end  of  the  world, 
to  'the  last  syllable  of  recorded  time,'  the  judgment  of 
the  country  and  the  judgment  of  the  world  will  sanc 
tion  the  act.  .  .  .  Slavery  is  the  great  rebel,  the  giant 
criminal,  the  murderer  striving  with  bloody  hands  to 
throttle  our  Government  and  destroy  our  country. 
Senators  may  talk  round  it,  if  they  please  ;  they  may 
scold  at  its  agents,  and  denounce  its  tools  :  I  care  little 
about  its  agents  or  its  tools.  I  think  not  of  Davis  and 
his  compeers  in  crime  :  I  look  at  the  thing  itself,  —  to 
the  great  rebel  with  hands  dripping  with  the  blood  of  my 
murdered  countrymen.  I  give  the  criminal  no  quarter. 
If  I,  with  the  light  I  have,  could  utter  a  word  or  give 
a  vote  to  continue  for  one  moment  the  life  of  the  great 
rebel  that  is  now  striking  at  the  vitals  of  my  country, 
I  should  feel  that  I  was  a  traitor  to  my  native  land, 
and  deserved  a  traitor's  doom.  .  .  .  While  I  would  not 
take  the  lives  of  many,  if  any  ;  while  I  would  not  take 
the  property  of  more  than  the  leaders,  — I  would  take 
the  bondmen  from  every  rebel  on  the  continent ;  and, 
in  doing  it,  I  should  have  the  sanction  of  my  own  judg 
ment,  the  sanction  of  the  enlightened  world,  the  sanction 
of  the  ceming  ages,  and  the  blessing  of  Almighty  God. 
Every  day,  while  the  world  stands,  the  act  will  be 
approved  and  applauded  by  the  human  heart  all  over 
the  globe.  .  .  .  When  slavery  is  stricken  down,  they  will 
come  back  again,  and  offer  their  hands,  red  though  they 
be  with  the  blood  of  our  brethren  ;  and  we  shall  forgive 
the  past,  take  them  to  our  bosoms,  and  be  again  one 
people.  But,  senators,  keep  slavery ;  let  it  stand ; 
shrink  from  duty;  let  men  whose  hands  are  stained 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  127 

with  the  blood  of  our  countrymen,  whose  hearts  are  dis 
loyal  to  our  country,  hold  fast  to  the  chains  that  bind 
three  millions  of  men  in  bondage,  —  and  we  shall  have  an 
enemy  to  hate  us,  ready  to  seize  on  all  fit  opportunities 
to  smite  down  all  that  we  love,  and  again  to  raise  their 
disloyal  hands  against  the  perpetuity  of  the  Republic. 
Sir,  I  believe  this  to  be  as  true  as  the  holy  evangelists 
of  Almighty  God ;  and  nothing  but  the  prejudices  of 
association  on  the  one  side,  or  timidity  01*  the  other,  can 
hold  us  back  from  doing  the  duty  we  owe  to  our  coun 
try  in  this  crisis."  Mr.  Morrill  made  an  effective  reply 
to  Mr.  Cowan  and  Mr.  Collamer,  and  an  earnest  appeal 
for  the  bill.  Mr.  Howe  (Rep.)  of  Wisconsin  expressed 
his  doubts.  Mr.  Davis  again  addressed  the  Senate. 
He  asked  "  that  slaves  should  have  the  same  fate  with 
other  property."  He  did  "not  object  to  confiscating 
slaves  with  other  property,  upon  condition  that  the  pro 
ceeds  should  go  into  the  treasury."  Mr.  Clark  (Rep.) 
of  New  Hampshire  would  not  sell  the  confiscated  slaves. 
"You  take,"  he  said,  "a  negro  from  a  rebel,  as  the 
senator  proposes.  He  belongs  to  the  United  States. 
The  senator  contends  that  you  must  sell  him.  You  sell 
him.  Who  buys  him?  Where  do  you  sell  him? 
Where  do  you  find  your  market?  Not  in  a  fuee  State, 
but  in  a  slave  State.  You  sell  him  to  one  of  these 
slaveholders  ;  and  the  rebels  come  and  seize  him,  and 
have  him  engaged  on  fortifications  in  a  week." 

O     O 

On  the  2d  of  May,  Mr.  Doolittle  (Rep.)  of  Wiscon 
sin  addressed  the  Senate.  Mr.  Wade  made  an  emphatic 
speech  in  favor  of  action.  He  declared,  that  "  if  every 
man  in  this  Senate,  if  every  man  in  this  Congress,  stood 
forth  as  an  advocate  for  perpetual  and  eternal  slavery,  it 


128  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

would  only  be  the  poor  instrumentalities  of  man  fight- 
inof  against  God.  God  and  Nature  have  determined  the 

O        O 

question,  and  we  shall  not  affect  it  much  either  way. 
But  I  throw  out  these  hints  to  those  gentlemen  who 
seem  to  believe  that  the  world  will  not  go  round  when 
slavery  is  abolished.  As  the  Almighty  sometimes  over 
rules  the  wickedness  of  man  to  perfect  a  glorious  end, 
so  the  hand  of  God  was  never  more  obvious  than  in 
this  Rebellion.  Slavery  might  have  staggered  along 
against  the  improvement  of  the  age,  against  the  common 
consent  of  mankind,  a  scoff  and  a  byword  on  the  tongue 
of  all  civilized  nations,  for  a  great  many  years  ;  but  this 
Rebellion  has  sealed  its  fate,  and  antedated  the  time  when 
it  becomes  impossible.  You  cannot  escape  from  this  war, 
without  the  emancipation  of  your  negroes.  It  will  not 
be  because  I  am  going  to  preach  it ;  it  will  not  be  be 
cause  I  am  going  to  move  any  thing  in  that  direction :  but 
it  is  because  I  see  the  hand  of  God  taking  hold  of  your 
own  delinquency  to  overrule  for  good  what  your  rulers 
meant  for  evil.  Proslavery  men  seem  to  suppose  that 
the  Ruler  of  the  universe  is  a  proslavery  Being  ;  but,  if 
I  have  not  mistaken  him  greatly,  he  is  at  least  a  grad 
ual  emancipationist."  Mr.  Collamer  followed  in  reply 
to  Mr.  Wade,  and  in  support  of  his  amendment.  He 
declared  that  "  our  legislation  should  be  consecutive  and 
in  certain  progress,  rising  from  step  to  step,  as  the 
necessities  of  the  occasion  may  require  ;  "  and  he  "  had 
attempted  to  frame  his  bill  on  that  principle."  The 
sixth  section  provided,  when  the  insurrection  has  existed 
six  months,  "then,  in  that  case,  the  President  is  author 
ized,  if  in  his  opinion  it  is  necessary  to  the  successful 
suppression  of  said  insurrection,  by  proclamation  to  fix 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  129 

and  appoint  a  day  when  all  persons  holden  to  service  or 
labor  in  any  such  State,  or  part  thereof,  as  he  shall 
declare,  whose  service  or  labor  is  by  the  law  or  custom 
of  said  State  due  to  any  person  or  persons,  who,  after  the 
day  so  fixed  by  said  proclamation,  shall  levy  war  or  par 
ticipate  in  insurrection,  shall  be  free." — "It  is  proposed," 
he  said,  "  by  the  senator  from  Massachusetts,  that  the 
section  shall  be  entirely  changed.  By  this  amendment, 
the  proclamation  is  made  a  matter  of  no  consequence  at 
all.  The  President  is  left  no  discretion  about  it.  It  is 
a  simple  declaration,  that,  in  thirty  days,  the  President 
shall  issue  a  proclamation,  fixing  a  day  when  the  slaves 
shall  be  free, — the  slaves  of  any  person  who  shall  be 
engaged  in  rebellion  after  the  passage  of  the  act,  not 
after  the  time  fixed  by  proclamation.  .  .  .  The  honorable 
senator  from  Massachusetts,  and  the  honorable  senator 
from  Ohio,  seem  never  to  have  understood  the  explana 
tion  which  I  gave  before,  and  I  do  not  know  that  they 
ever  will.  Perhaps  it  is  because  they  do  not  want. to 
understand  it.  The  honorable  senator  from  Massachu 
setts  especially,  in  offering  his  amendment  and  in  speak 
ing  upon  it  yesterday,  seemed  to  be  set  upon  the  idea, 
—  he  entertains  it  strongly,  and  he  expresses  it  strongly, 
as  belongs  to  him, — that  the  existence  of  slavery 
and  the  existence  of  this  country  under  the  General 
Government  are  incompatible.  I  shall  not  misrepre 
sent  him  :  I  may  have  misunderstood  him  ;  but,  if  I 
did  understand  him,  that  is  his  belief.  He  thinks 
slavery  is  the  origin  of  all  the  difficulty,  and  that  the 
trouble  will  continue  as  long  as  it  exists  ;  and  he  comes 
in  with  this  amendment,  to  effect — what?  That 
purpose,  of  course."  Mr.  Saulsbury  (Dem.)  of  Dela- 


130  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

ware  predicted  "that  in  1870,  let  this  war  terminate  as 
it  may,  whether  you  conquer  the  seceded  States  or  not, 
if  local  State  governments  are  preserved  in  this  country, 
there  will  then  be  more  slaves  in  the  United  States  than 
there  were  in  1860.  ...  I  presume  that  local  State  gov 
ernments  will  be  preserved.  If  they  are,  if  the  people 
have  a  right  to  make  their  own  laws  and  to  govern 
themselves,  —  and  I  presume  that  even  my  friend  from 
Massachusetts  will  not  object  to  that,  — they  will  not  only 
re-enslave  every  person  that  you  attempt  to  set  free,  but 
they  will  re-enslave  the  whole  race.  I  do  not  mean  to 
suggest  a  thing  that  I  will  not  favor  :  I  take  all  the  re 
sponsibility  of  the  utterance  in  my  own  person.  I  say  to 
you,  sir,*  and  I  say  to  the  country,  that  if  you  send  five 
thousand  slaves  into  the  State  of  Delaware,  — we  have 
got  about  two  thousand  slaves  now,  and  we  have  about 
twenty  thousand  free  negroes,  — if  you  send  five  thousand 
more  of  that  class  of  people  among  us,  contrary  to  our 
law,  contrary  to  our  will,  I  avow  upon  the  floor  of  the 
American  Senate,  that  I  will  go  before  my  people  for  en 
slaving  the  whole  race,  because  I  say  that  this  country  is 
the  white  man's  country.  God,  nature,  every  thing,  has 
made  a  distinction  between  the  white  man  and  the  negro  ; 
and  by  your  legislation  you  cannot  bring  up  a  filthy 
negro  to  the  elevation  of  the  white  man,  if  you  try  to 
put  him  upon  that  platform." 

The  Senate,  on  the  5th  of  May,  resumed  the  con 
sideration  of  the  bill;  and  Mr.  Howe  of  Wisconsin 
spoke  in  opposition  to  it,  and  in  reply  to  several 
senators.  Mr.  Foster  (Rep.)  of  Connecticut  followed 
in  a  review  of  the  bill  and  amendments,  and  in  sup 
port  of  Mr.  Collamer's  substitute. 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  131 

On  the  6th,  the  Senate  having  resumed  the  consider 
ation  of  the  bill,  Mr.  Wilson  withdrew  his  amendment 
to  the  sixth  section  of  Mr.  Collamer's  amendment,  and 
moved  an  amendment  in  eight  sections  as  a  substitute 
for  Mr.  Collamer's  substitute  for  the  original  bill.  Mr. 
Wilson,  in  explanation  of  the  sixth  section  relating  to 
slavery,  said,  that  "the  amendment  of  the  senator  from 
Vermont  provides  for  discharging  the  slaves  of  persons 
under  certain  conditions  j  that  is,  that  the  President 
may  do  it  if  he  deems  it  necessary  for  the  suppression 
of  the  Rebellion.  He  puts  it  in  the  discretion  of  the 
President.  My  amendment  makes  it  imperative  upon 
the  President  to  issue  his  proclamation,  immediately 
after  the  passage  of  the  act,  to  fix  a  day,  not  more  than 
thirty  days  after  the  act  is  passed,  when  the  slaves  of  all 
persons  who  engage  in  insurrection  or  rebellion  after 
they  have  had  the  warning  of  thirty  days,  after  the 
time  is  fixed,  shall  be  made  free."  Mr.  Clark  said, 
"  The  amendment  proposed  by  the  senator  from  Massa 
chusetts,  it  strikes  me,  is  an  important  one.  I  think  it 
goes  a  good  way  towards  harmonizing  some  of  the 
differences  in  the  minds  of  senators.  If  there  could  be 
time  for  considering  it  further,  or  for  maturing  it, 
or  if  it  were  sent  to  a  committee  to  perfect  it,  it 
seems  to  me  the  Senate  might  readily  corne  to  some 
conclusion  that  would  be  satisfactory.  I  will  move 
that  the  whole  subject,  this  amendment  and  all  the 
other  bills,  be  committed  to  a  select  committee  of  five, 
for  the  purpose  of  being  perfected."  Mr.  Sumner 
(Rep.)  of  Massachusetts  suggested  that  the  commit 
tee  should  consist  of  seven  members ;  and  Mr.  Clark 
accepted  that  suggestion.  Mr.  Hale  said,  "  There  is  a 


132  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

difficulty  in  my  mind  in  regard  to  the  amendment  of 
the  senator  from  Massachusetts.  I  think  I  have  been 
as  anxious  and  as  earnest  as  anybody  to  advance  the 
cause  of  free  principles,  so  far  as  might  be  done  con 
sistently  with  the  rights  we  owe  under  the  Constitution  ; 
but  it  seems  to  me  the  machinery  of  the  sixth  section 
of  the  amendment  of  the  senator  from  Massachusetts  is 
objectionable  to  the  exception  that  it  is  not  in  accord 
ance  with  the  Constitution."  Mr.  Wilson  said,  in 
response  to  Mr.  Hale,  "  Slavery  has  made  this  Rebel 
lion,  and  alone  is  responsible  for  it ;  and  yet  such  has 
been  the  overshadowing  power  of  slavery,  so  omnipotent 
has  it  been  in  these  halls  and  over  this  Government, 
that  when  we,  who  are  the  children  of  democratic  in 
stitutions,  who  have  in  our  blood,  in  our  being,  in  our 
very  souls,  love  of  liberty,  and  hatred  of  oppression, 
are  called  upon  to  act ;  when  our  brethren  have  been 
foully  murdered,  and  wives  and  children  and  fathers  are 
bowed  in  agony  of  soul  all  over  the  country  ;  when  the 
existence  of  this  nation  is  threatened  by  this  system  of 
slavery, — when  we,  under  all  these  circumstances,  are 
called  upon  to  deal  with  it,  such  is  its  lingering  power 
over  even  us,  that  we  can  take  rebel  lives,  take  rebel 
property,  take  any  thing  and  every  thing,  but  are  re 
luctant  to  touch  slavery,  the  cause  of  all.  Sir,  if  the 
Congress  of  the  United  States  shall  fail  to  free  the 
slaves  of  rebel  masters,  the  men  who  are  endeavoring  to 
destroy  the  national  life,  I  believe  Congress  will  fail  to 
do  the  duties  of  the  hour,  —  the  duties  that  the  nation 
and  God  require  at  their  hands.  I  feel  deeply  upon 
this  question.  The  conviction  is  upon  me,  that  this  is 
the  path  of  duty  to  my  country,  and  that  the  future 


CERTAIN    SLAVES    TO   BE    MADE    FREE.  133 

peace  of  the  nation  requires  that  this  slave  interest 
shall  be  broken  down  ;  and  now  is  the  opportunity,  — 
an  opportunity  that  only  comes  to  nations  once  in  ages. 
It  comes  to  us  now.  Let  us  hail  and  improve  it." 
Mr.  Hale  said,  in  reply,  "I  am  willing  to  go  as  far  as 
anybody,  within  the  limits  of  the  Constitution,  to  cripple 
slavery  ;  and  I  think  the  Government  ought  to  make 
use  of  that  as  a  physical  agency  in  suppressing  the 
Eebellion,  when  it  is  brought  in  contact  against  it.  All 
that  I  suggested  to  the  senator  was,  that  I  did  not 
think  the  machinery  he  had  prescribed  in  this  sixth  sec 
tion  was  precisely  the  mode  and  manner  of  doing  the 
thing ;  because  it  does  not  look  like  a  war  mea*sure, 
and  it  does  not  look  like  availing  ourselves  of  the  phys 
ical  assistance  of  that  body  of  men,  but  it  is  simply  in 
the  form  of  a  judicial  trial  for  crime,  and  pronounces, 
as  a  punishment  for  crime,  the  liberation  of  the  slaves. 
Sir,  this  new  Republican  party  came  into  power  upon 
the  destruction  of  two  parties  that  had  been  false  on 
this  subject ;  and  now,  whatever  party  may  succeed 
this  Republican  party,  —  and  God  only  knows  what  it 
will  be,  —  I  hope  that  they  may  not  write  on  our  tomb 
stones  that  we  split  on  the  rock  on  which  our  prede 
cessors  did ;  and  that  is  in  want  of  fidelity  to  our 
declared  principles.  If  there  is  one  principle  that  we 
have  declared  often,  early,  and  long,  it  is  fidelity  to  the 
Constitution,  — to  its  requirements  and  'its  restrictions. 
The  mourners  go  about  the  streets  in  all  the  places  that 
used  to  be  the  high  places  of  power  of  those  two  old 
^parties,  mourning  over  their  derelictions  ;  and  I  trust 
that  will  not  be  left  to  us.  No,  sir  :  let  us,  under  the 
flag,  —  the  old  flag,  —  under  the  Constitution, — the  old 

12 


134  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

Constitution,  —  carry  on  the  warfare  in  which  we  are 
engaged ;  and,  if  we  fail,  we  shall  not  fail  because  the 
Constitution  does  not  give  us  power  enough,  but 
because  we  are  recreant,  and  do  not  use  the  power  that 
it  does  give  us." 

Mr.  Harris  would  vote  for  the  proposition  of  Mr. 
Clark  to  commit  all  the  bills  and  amendments  to  a 
special  committee.  "The  recommittal,"  said  Mr. 
Wade,  "  of  this  bill,  after  it  has  been  for  four  months 
under  our  consideration,  and  at  a  period  which  I  hope 
is  towards  the  end  of  this  session,  will  be  a  proclama 
tion  to  the  people  that  will  fill  them  with  more  de 
spondency  for  your  Government  than  the  loss  of  half 
a  dozen  battles  ;  and  it  will  be  viewed  with  as  much 
regret  by  all  the  loyal  people  in  the  seceded  States  as 
by  those  in  the  Northern  States." — "The  senator 
from  Ohio  knows  well,"  said  Mr.  Sumner,  "  that  I 
always  differ  from  him  with  regret ;  he  knows  also  that 
I  differ  from  him  very  rarely ;  but  I  do  differ  from  him 
to-day.  I  shall  not  follow  him  in  what  he  has  said 
on  the  constitutional  question  ;  nor  shall  I  follow  the 
senator  from  New  Hampshire  in  what  he  has  said  on 
that  question.  The  precise  point  on  which  we  are  to 
vote,  as  I  understand  it,  has  been  stated  by  the 
senator  from  New  York.  It  is,  Shall  the  pending  bill 
and  all  the  associate  propositions  and  amendments  be 
referred  to  a  select  committee,  with  instructions  to 
report  forthwith  ?  Sir,  it  seems  to  me,  in  the  present 
stage  of  this  discussion,  the  time  has  arrived  for  such  a 
motion."  Mr.  Trumbull  was  opposed  to  recommitting 
the  bill  to  a  special  committee  ;  but  "  senators  favorable 
to  the  bill  insist  upon  it :  I  can  only  acquiesce ;  and 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  135 

that  I  desire  to  do  gracefully."  Explanatory  speeches 
were  then  made  by  Messrs.  Ten  Eyck,  Foster,  Wade, 
Collamer,  Fessenden,  and  Cowan.  Mr.  Wilson  moved 
to  amend  Mr.  Clark's  motion,  so  that  the  committee 
should  consist  of  nine  members ;  and  Mr.  Clark  ac 
cepted  the  amendment.  Mr.  Foster  called  for  the  yeas 
and  nays,  and  they  were  ordered ;  and,  being  taken,  re 
sulted —  yeas  24,  nays  14.  The  President  appointed 
as  the  committee,  —  Mr.  Clark,  chairman  ;  Mr.  Col- 
lamer,  Mr.  Trumbull,  Mr.  Cowan,  Mr.  Wilson  of 
Massachusetts,  Mr.  Harris,  Mr.  Sherman,  Mr.  Hen 
derson,  and  Mr.  Willey.  Mr.  Trumbull,  at  his  own 
request,  was  excused ;  and  Mr.  Harlan  was  appointed 
in  his  place. 

Mr.  Clark,  Chairman  of  the  Select  Committee,  re 
ported  "  a  bill  to  suppress  insurrection,  and  punish 
treason  and  rebellion  ;  "  and  asked  to  be  discharged  from 
the  further  consideration  of  the  several  bills  referred 
to  the  committee.  On  the  16th,  on  motion  of  Mr.  Clark, 
the  Senate,  by  a  vote  of  23  to  19,  took  it  up  for  consid 
eration.  The  bill  provided,  that  at  any  time,  after  the 
passage  of  the  act,  the  President  might  issue  his  proclama 
tion,  proclaiming  that  the  slaves  of  persons  found,  thirty 
days  after  the  issuing  of  the  proclamation,  in  arms  against 
the  Government,  will  be  free,  any  law  or  custom  to  the 
contrary ;  that  no  slave  escaping  from  his  master  shall 
be  given  up,  unless  the  claimant  proves  he  has  not  given 
aid  or  comfort  to  the  Rebellion  ;  and  that  the  President 
shall  be  authorized  to  employ  persons  of  African  descent 
for  the  suppression  of  the  Rebellion.  Mr.  Davis  moved  to 
amend  the  bill  by  striking  out  the  words,  "and  all  his 
slaves,  if  any  shall  be  declared  and  made  free."  — 


130  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

"  Then,"  remarked  Mr.  Clark,  "as  I  understand  it,  the 
objection  is,  not  that  we  take  the  negro  from  the  master 
by  way  of  punishment,  but  that  we  do  not  give  him  to 
somebody  else,  or  put  him  into  the  public  treasury."  — 
"Yes,  sir,"  replied  Mr.  Davis,  "that  is  the  objection; 
that  you  do  not  sell  the  negro,  — do  not  appropriate  the 
negro  as  you  would  other  property."  The  question  was 
taken  on  Mr.  Davis's  motion, — yeas  7,  nays  31.  Mr. 
Sumner  moved  to  amend  the  bill  by  striking  out  all  after 
the  enacting  clause  of  the  original  bill,  and  inserting  an 
amendment  in  the  form  of  a  new  bill.  He  then  addressed 
the  Senate  in  an  elaborate,  exhaustive,  and  eloquent 
speech.  "  There  is  a  saying,"  said  Mr.  Sumner,  "  often 
repeated  by  statesmen,  and  often  recorded  by  publicists, 
which  embodies  the  direct  object  of  the  war  which  we  are 
now  unhappily  compelled  to  wage,  —  an  object  sometimes 
avowed  in  European  wars,  and  more  than  once  made 
a  watchword  in  our  own  country,  — *  indemnity  for  the 
past,  and  security  for  the  future.'  Such  should  be 
our  comprehensive  aim;  nor  more,  nor  less.  Without 
indemnity  for  the  past,  this  war  will  have  been  waged 
at  our  cost.  Without  security  for  the  future,  this  war 
will  have  been  waged  in  vain.  Treasure  and  blood  will 
have  been  lavished  for  nothing.  But  indemnity  and 
security  are  both  means  to  an  end  ;  and  that  end  is  the 
national  unity  under  the  Constitution  of  the  United 
States.  It  is  not  enough  if  we  preserve  the  Consti 
tution  at  the  expense  of  the  national  unity ;  nor  is  it 
enough  if  we  enforce  the  national  unity  at  the  expense 
of  the  Constitution.  Both  must  be  maintained.  Both 
will  be  maintained,  if  we  do  not  fail  to  take  counsel  of 
that  prudent  courage  which  is  never  so  much  needed 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  137 

as  at  a  moment  like  the  present.  In  declaring  the 
slaves  free,  you  will  at  once  do  more  than  in  any  other 
way,  whether  to  conquer,  to  pacify,  to  punish,  or  to 
bless  :  you  will  take  from  the  Rebellion  its  mainspring 
of  activity  and  strength ;  you  will  stop  its  chief  source 
of  provisions  and  supplies  ;  you  will  remove  a  motive 
and  temptation  to  prolonged  resistance ;  and  you  will 
destroy  for  ever  that  disturbing  influence,  which,  so  long 
as  it  is  allowed  to  exist,  will  keep  this  land  a  volcano, 
ever  ready  to  break  forth  anew.  But,  while  accom 
plishing  this  work,  you  will  at  the  same  time  do  an  act 
of  wise  economy,  giving  new  value  to  all  the  lands  of 
slavery,  and  opening  untold  springs  of  wealth  ;  and  you 
will  also  do  an  act  of  justice,  destined  to  raise  our  na 
tional  name  more  than  any  triumph  of  war  or  any  skill 
in  peace.  God,  in  his  beneficence,  offers  to  nations,  as 
to  individuals,  opportunity,  opportunity,  OPPORTUNITY, 
which,  of  all  things,  is  most  to  be  desired.  Never  be 
fore  in  history  has  he  offered  such  as  is  now  ours.  Do 
not  fail  to  seize  it.  The  blow  with  which  we  smite  an 
accursed  rebellion  will  at  the  same  time  enrich  and 
bless  ;  nor  is  there  any  prosperity  or  happiness  which  it 
will  not  scatter  abundantly  throughout  the  land.  And 
such  an  act  will  be  an  epoch  marking  the  change  from 
barbarism  to  civilization.  By  the  old  rights  of  war, 
still  prevalent  in  Africa,  freemen  were  made  slaves  ; 
but  by  the  rights  of  war,  which  I  ask  you  to  declare, 
slaves  will  be  made  freemen." 

Mr.  Davis  said,  "I  have  an  amendment  to  offer,  to 
come  in  at  the  close  of  the  bill,  —  that  no  slave  shall 
be  emancipated  under  this  act  until  such  slave  shall  be 
taken  into  the  possession  of  some  agent  of  the  United 

12* 


138     CERTAIN  SLAVES  TO  BE  MADE  FREE. 

States,  and  be  in  transitu,  to  be  colonized  without  the 
United  States  of  America,"  —  yeas  6,  nays  30.  Mr. 
Saulsbury  moved  to  strike  out  the  ninth  section  of  the 
bill.  Mr.  Trumbull  would  vote  with  the  senator  from 
Delaware  to  strike  out  the  section.  He  hoped  the  friends 
of  a  really  efficient  measure  would  vote  to  strike  it  out. 
"I would, "he  said,  "free  the  slaves  of  all  who  shall 
continue  in  arms  after  the  passage  of  the  act.  That 
would  be  my  proposition ;  and  I  cannot  conceive  how 
it  is,  when  these  men  are  with  arms  in  their  hands,  as 
the  senator  from  New  Hampshire  said,  shooting  our 
brothers  and  our  sons,  that  we  can  insist  upon  holding 
their  negroes  in  their  possession  to  enable  them  to 
shoot  our  sons  and  our  brothers."  Mr.  Wilson  said, 
"  The  motion  that  has  been  made,  and  what  has  been 
said  upon  it,  impose  upon  me  the  necessity  of  making 
now  a  motion  that  I  intended  to  make  at  some  time  ; 
and  that  is,  to  'strike  out  in  the  ninth  section  the 
words  '  at  any  time,'  in  the  first  line,  and  insert  '  imme 
diately  ; '  and  to  strike  out  the  word  '  whenever,'  in  the 
second  line  ;  and,  in  the  third  and  fourth  lines,  to  strike 
out  '  shall  deem  it  necessary  for  the  suppression  of  this 
Rebellion,  he  : '  so  that  the  section,  if  amended  as  I  pro 
pose,  will  read,  '  That,  immediately  after  the  passage  of 
this  act,  the  President  of  the  United  States  shall  issue 
his  proclamation,  commanding  all  persons  immediately 
to  lay  down  their  arms,'  making  it  imperative.  I  think, 
that,  since  this  bill  was  reported,  there  are  reasons  why 
I  shall  vote  that  way."  Mr.  Clark  said,  "The  Senate, 
perhaps,  will  pardon  me  for  saying,  that,  in  the  commit 
tee,  the  original  proposition  stood  as  the  senator  from 
Massachusetts  proposes  now  to  have  it :  but  we  found 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  139 

that  the  measure  now  reported  was  the  measure  upon 
which  we  could  agree,  and  that  we  could  not  agree  upon 
any  other  measure ;  and  therefore  it  was  reported  as  it 
stands  here.  I  shall  vote  for  the  proposition  as  it  stands 
in  the  bill,  for  that  reason."  —  "  I  shall,"  said  Mr.  Cow 
an,  "  oppose  the  amendment  of  the  senator  from  Massa 
chusetts,  and  I  believe  that.  I  shall  vote  to  strike  out  the 
section  :  and  I  shall  do  so  for  a  very  simple  reason  ;  and 
that  is,  that  it  is  utterly  valueless  in  the  bill."  He 
thought  "the  President  and  his  generals,  under  the  war 
power,  clothed  with  ample  authority."  Mr.  Sumner 
was  "  very  glad  to  hear  the  senator  make  that  declara 
tion,  that  Gen.  Hunter,  in  his  opinion,  has  the  power." 
"If,"  said  Mr.  Cowan,  "  the  senator  from  Massachusetts 
wants  an  exceedingly  fine  point  to  stand  upon,  I  will 
allow  him  the  benefit  of  it.  I  hope  he  understands  me  ; 
and  I  hope,  too,  that  he  is  honorable  and  manly  enough 
to  understand  w^hat  I  say  in  its  true  sense.  I  do  not 
mean  to  say  that  Gen.  Hunter  has  the  power  as  against 
the  will  of  the  President,  his  superior ;  but  I  mean  to 
say  that  the  President,  the  commander-in-chief  of  the 
army,  and  the  generals  of  the  army,  acting  in  obedience 
to  that  superior  authority,  have  the  power." 

Mr.  Fessenden  (Rep.)  of  Maine  supported  the  bill 
reported  by  the  Select  Committee.  Mr.  Wade  said,  "I 
do  not  know  that  we  shall  get  any  thing  ;  but,  if  we  only 
get  this  bill,  we  shall  get  next  to  nothing."  Mr.  Willey 
opposed  the  emancipation  of  the  slaves  of  rebels  by 
proclamations.  On  the  20th,  the  Senate  resumed 
the  consideration  of  the  bill ;  and  Mr.  Davis  addressed 
the  Senate  in  a  very  lengthy  speech,  consuming  the 
day,  in  opposition  to  the  measure. 


140     CERTAIN  SLAVES  TO  BE  MADE  FREE. 

In  the  House  of  Representatives,  on  the  2d  of  De 
cember,  1861,  Mr.  Eliot  (Rep.)  of  Massachusetts  intro 
duced,  on  leave,  a  joint  resolution,  setting  forth,  that 
while  we  disclaim  all  power  under  the  Constitution  to 
interfere  by  ordinary  legislation  with  the  institutions  of 
the  States,  yet  the  war  now  existing  must  be  conducted 
according  to  the  usages  and  rights  of  military  service  : 
"  That  therefore  we  do  hereby  declare  the  President,  as 
the  commander-in-chief  of  our  army,  and  the  officers  in 
command  under  him,  have  the  right  to  emancipate  all 
persons  held  as  slaves  in  any  military  district  in  a  state 
of  insurrection  against  the  National  Government ;  and 
that  we  respectfully  advise  that  such  order  of  emancipa 
tion  be  issued,  whenever  the  same  will  avail  to  weaken 
the  power  of  the  rebels  in  arms,  or  to  strengthen  the 
military  power  of  the  loyal  forces."  Mr.  Dunn  (Rep.) 
of  Indiana  moved  to  lay  the  resolution  on  the  table. 
Mr.  Yallandigham  (Dem.)  of  Ohio  demanded  the  yeas 
and  nays  ;  and  they  were  ordered,  —  yeas  56,  nays  70. 
Mr.  Roscoe  Conkling  (Rep.)  of  New  York  moved  to 
amend  the  resolution  so  as  to  confine  it  to  slaves  held  by 
disloyal  persons.  Mr.  Stevens  (Rep.)  of  Pennsylvania 
moved  the  postponement  of  the  resolution  to  the  10th  ; 
and  his  motion  was  agreed  to.  Mr.  Campbell  (Rep.) 
of  Pennsylvania  introduced  a  resolution  declaring  that 
Congress  should  confiscate  the  property,  slaves  included, 
of  all  rebels  ;  and,  on  his  motion,  it  was  postponed  to  the 
10th.  Mr.  Stevens  of  Pennsylvania  offered  a  resolution 
setting  forth  that  slavery  has  caused  the  Rebellion  ;  that 
there  can  be  no  solid  and  permanent  peace  and  union  so 
long  as  it  exists  ;  that  slaves  are  used  as  an  essential 
means  of  supporting  the  war ;  that,  by  the  law  of 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  141 

nations,  it  is  right  to  liberate  the  slaves  of  an  enemy  to 
weaken  his  power ;  and  that  the  President  be  requested 
to  declare  free,  and  to  direct  all  our  generals  to  order 
freedom  to,  all  slaves  wrho  shall  leave  their  masters,  or 
who  shall  aid  in  quelling  the  Rebellion.  The  resolution 
of  Mr.  Stevens  was  postponed  to  the  10th,  —  the  day 
fixed  for  the  consideration  of  the  resolutions  introduced 
by  Mr.  Eliot  and  Mr.  Campbell. 

On  the  3d,  Mr.  Gurley  (Rep.)  of  Ohio  gave  no 
tice  of  his  intention  to  introduce  a  bill  to  confiscate 
the  property  and  make  free  the  slaves  of  persons  en 
gaged  in  the  Rebellion.  Mr.  Conway  (Rep.)  of 
Kansas,  on  the  4th,  introduced  a  resolution  touching 
the  treatment  of  slaves  in  the  seceded  States ;  and  it 
was  postponed  to  the  10th  for  consideration.  Mr. 
Bingham  (Rep.)  of  Ohio  introduced  a  bill  to  confiscate 
the  property  and  free  the  slaves  of  rebels ;  and,  on  his 
motion,  it  wras  referred  to  the  Judiciary  Committee,  of 
which  he  was  a  member.  On  the  12th  of  December, 
the  House  proceeded  to  the  consideration  of  the  resolu 
tion  introduced  by  Mr.  Eliot  the  first  day  of  the 
session.  Mr.  Eliot  addressed  the  House  in  an  earnest 
speech  in  favor  of  expressing,  at  the  earliest  moment, 
the  judgment  of  the  House  and  the  people.  "It 
is  no  time,"  he  said,  "  for  set  speech.  The  times  them 
selves  are  not  set.  Speech  is  demanded,  but  such 
as  shall  crystallize  into  acts  and  deeds.  Thoughts 
of  men  go  beyond  the  form  of  words  into  the  realities  of 
things."  Mr.  Eliot  deplored  the  modification  of  Fre 
mont's  proclamation.  The  slaves  stood  "  with  arms 
stretched  out  to  us,  yearning  to  help  us.  The  shackles 
have  fallen  from  their  limbs ;  and,  as  they  work  for  the 


142  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

Government,  it  does  not  need  that  I  should  say  to  you, 
that  thenceforth  and  for  evermore  they  become  free  men." 
Mr.  Steele  (Dem.)  of  New  York  denied  die  proposition 
that  slavery  was  the  cause  of  this  war.  "  I  declare,"  he 
said,  "that  the  unnecessary  agitation  of  the  slavery 
question  was  the  cause  of  the  war."  Mr.  Con  way, 
(Rep.)  of  Kansas  followed  Mr.  Steele  in  a  speech  of 
rare  eloquence  and  power.  He  declared  that  "  the  inex 
orable  and  eternal  condition  of  the  life  of  slavery  is,  that 
it  must  not  only  hold  its  own,  but  it  must  get  more. 
Such  is  the  unchangeable  law,  developed  from  the  con 
flict  of  slavery  with  the  order  of  justice ;  and  no  one  is 
competent  to  render  a  judgment  in  the  case  who  does 
not  recognize  it.  Sir,  we  cannot  afford  to  despise  the 
opinion  of  the  civilized  world  in  this  matter.  Our 
present  policy  narrows  our  cause  down  to  an  ignoble 
struggle  for  mere  physical  supremacy  ;  and  for  this  the 
world  can  have  no  genuine  respect.  Our  claim  of 
authority,  based  on  a  trivial  technicality  about  the  proper 
distinction  between  a  Federal  Government  and  a  mere 
confederacy,  amounts  to  nothing.  The  human  mind  has 
outgrown  that  superstitious  reverence  for  government 
of  any  kind  which  makes  rebellion  a  crime  per  se  ;  and 
right  of  secession,  or  no  right  of  secession,  what  the 
world  demands  to  know  in  the  case  is,  upon  which  side 
does  the  morality  of  the  question  lie  ?  As  a  bloody  and 
brutal  encounter  between  slaveholders  for  dominion,  it 
is  justly  offensive  to  the  enlightened  and  Christian  sen 
timent  of  the  age.  Yet  the  fate  of  nations,  no  less  than 
that  of  individuals,  is  moulded  by  the  actions,  and  these 
by  the  opinions,  of  mankind.  So  that  public  opinion  is 
the  real  sovereign,  after  all ;  and  no  policy  can  be  per- 


CERTAIN  SLAVES  TO  BE  MADE  FREE.      143 

manently  successful  which  defies  or  disregards  it.  The 
human  mind,  wherever  found,  however  limited  in  devel 
opment  or  rude  in  culture,  is  essentially  logical ;  the 
heart,  however  hardened  by  selfishness  or  sin,  has  a 
chord  to  be  touched  in  sympathy  with  suffering ;  and 
the  conscience  has  its  '  still  small  voice,'  which  never 
dies,  to  whisper  to  both  heart  and  understanding  of 
eternal  justice.  Therefore,  in  an  age  of  free  thought 
and  free  expression,  the  brain  and  heart  and  conscience 
of  mankind  are  the  lords  who  rule  the  rulers  of  the 
world  ;  and  no  mean  attribute  of  statesmanship  is  quick 
ness  to  discern  and  promptness  to  interpret  and  improve 
the  admonitions  of  this  august  trinity." 

Mr.  Harding  (Opp.)  of  Kentucky,  on  the  17th,  spoke 
earnestly  against  the  resolution,  and  the  policy  of  eman 
cipating  the  slaves  of  rebels.  He  emphatically  asserted 
that  "  a  war  upon  the  institution  of  slavery  would  be 
not  only  unconstitutional  and  revolutionary,  not  only 
a  criminal  violation  of  the  plighted  faith  of  Congress 
and  of  the  Administration,  but  utterly  at  war  with  every 
principle  of  sound  policy.  Whoever  lives  to  see  that 
fearful  and  mad  policy  inaugurated,  will  see  the  sun  of 
American  liberty  go  down  in  clouds  and  darkness,  to 
rise  no  more.  The  last  hope  of  a  restoration  of  the 
Union  —  the  last  hope  of  free  government  upon  this 
continent  —  will  then  sink,  and  utterly  perish.  If  the 
war,  righteously  begun  for  the  preservation  of  the  Con 
stitution  and  the  Union,  should  be  changed  to  an  anti- 
slavery  war,  then  Kentucky  will  unitedly  make  war 
upon  that  war ;  and,  if  an  army  from  the  North  shoukl 
move  toward  Kentucky  to  visit  upon  her  the  horrors 
of  a  war  for  emancipation,  then  Kentucky  will  meet 


144  CERTAIN    SLAVES    TO   BE    MADE    FREE. 

that  army  at  the  threshold,  dispute  every  inch  of  ground, 
burn  every  blade  of  grass,  and  resist  to  the  last  ex 
tremity."  Mr.  Kellogg  (Rep.)  of  Illinois  moved  to 
refer  the  resolution  of  Mr.  Eliot  and  all  other  kindred 
propositions  to  the  Judiciary  Committee, — yeas  77, 
nays  57. 

Mr.  Hickman  (Rep.)  of  Pennsylvania,  Chairman  of 
the  Committee  on  the  Judiciary,  on  the  20th  of  March 
reported  back  the  resolutions  and  bills  referred  to  the 
committee,  with  a  recommendation  that  they  do  not 
pass.  Mr.  Bingham  submitted  a  minority  report,  as  a 
substitute  for  the  bill  he  had  introduced  early  in  the 
session.  This  substitute  declared  free,  and  for  ever 
released  from  servitude,  the  slaves  of  persons  giving  aid 
to  the  Rebellion.  Mr.  Porter  (Rep.)  of  Indiana  moved 
to  amend  the  substitute  by  striking  it  out,  and  inserting 
the  bill  proposed  by  Mr.  Sherman  of  Ohio  in  the 
Senate.  Mr.  Porter  said  that  "the  gentleman  from 
Ohio  (Mr.  Bingham),  out  of  his  honest  and  implacable 
hatred  of  slavery,  desires,  through  the  provisions  of  his 
amendment,  to  give  it  a  stunning  blow.  While  my 
amendment  is  aimed  only  at  weakening  the  Rebellion,  it 
will  go,  perhaps,  very  far  towards  the  end  which  the 
gentleman  desires  to  see  accomplished.  The  slaveholders 
in  the  rebel  service  are  chiefly  among  the  officers.  Few 
privates  own  slaves."  Mr.  Porter  then  moved  to  re 
commit  the  bill,  with  instructions  to  report  the  bill  he 
had  offered  as  a  substitute.  Mr.  Walton  (Rep.)  of 
Vermont  moved  to  amend  the  instructions,  so  that  the 
committee  shall  be  instructed  to  report  back  Mr.  Colla- 
iner's  bill, — yeas  33,  nays  69.  On  Mr.  Porter's  motion, 
the  yeas  were  25  ;  the  nays,  73. 


CERTAIN    SLAVES    TO   BE    MADE    FREE.  145 

On  the  23d  of  April,  Mr.  Sheffield  of  Rhode  Island 
moved  to  lay  Mr.  Bingham's  amendment  on  the  table, 
—  yeas  54,  nays  49.  Mr.  Olin  (Rep.)  of  New  York 
moved  to  refer  the  bills  and  resolutions  reported  back 
by  the  Committee  on  the  Judiciary  to  a  special  com 
mittee  of  seven.  Mr.  Colfax  (Rep.)  of  Indiana  "  plead 
ed  only  for  action."  He  would  cheerfully  support  Mr. 
TrumbulFs  bill,  or  the  bill  of  Mr.  Sherman.  "I  can 
vote,"  he  declared,  "for  nearly  any  one  of  them,  variant 
as  their  provisions  are."  Mr.  Dunn  of  Indiana  would 
"adopt  a  moderate  but  steadfast  policy."  Mr.  Bing- 
ham  eloquently  appealed  for  such  legislation  as  should 
punish  treason,  and  give  security  and  repose  to  the 
country.  "  I  beg  gentlemen  to  consider  that  whoever 
lays  violent  hands  upon  the  fabric  of  just  civil  govern 
ment,  for  the  purpose  of  its  overthrow,  lays  violent 
hands  upon  the  very  ark  of  the  covenant  of  the  living 
God,  and  forfeits  and  should  be  deprived  at  once  of 
property  and  life.  Why,  sir,  there  is  no  interest  visible 
to  the  eye  of  man  this  side  of  the  grave  more  important 
to  all  classes,  old  and  young,  to  the  innocent  and  guilty 
alike,  than  a  wise  and  just  government.  That  is  pre 
cisely  the  instrumentality  through  which  it  conies  to  be 
that  men  live  apart,  and  separate  in  families.  That  is 
the  precise  instrumentality  through  which  it  comes  to  be 
that  mothers  and  daughters  are  respected  and  protected 
in  the  land,  and  are  not  owned  and  sold  as  slaves. 
That  is  the  precise  instrumentality  through  which  it 
comes  to  be  that  little  children  are  secure  and  protected 
by  the  hearthstone.  The  gentleman  knows  that  never, 
since  the  morning  stars  sang  together,  have  any  people 
upon  this  planet  come  up  out  of  the  darkness  of  savage 

13 


146  CERTAIN    SLAVES    TO   BE   MADE    FREE. 

life  to  the  beautiful  and  brilliant  light  of  civilization, 
save  under  the  shelter,  care,  and  protection  of  civil 
government ;  and  yet,  when  these  armed  traitors  strike 
at  this  most  beneficent  and  wisest  of  all  governments 
ever  given  to  the  children  of  men,  and  we  propose  to 
disarm  them  by  taking  from  them  the  means  by  which 
and  through  which  they  would  accomplish  their  destruc 
tive  purposes,  the  gentleman  rises,  and  talks  about  the 
inhumanity  of  such  legislation/' 

Mr.  Duell  (Rep.)  of  New  York  said,  "In  view  of 
these  things,  it  becomes  a  question  of  no  small  moment, 
What  ought  the  Government  to  do  with  slavery  now  ? 
What  policy,  if  any,  should  the  loyal  men  of  the  coun 
try  adopt  respecting  the  future  treatment  of  this  cancer 
upon  the  body  politic  ?  The  reply  which  ought,  in  my 
judgment,  to  be  made  to  these  questions,  is  this  :  'Since 
slavery  made  the  war,  let  slavery  feel  the  war.'" 

Mr.  Patton  (Rep.)   of  Pennsylvania  urged  action; 
and  Mr.  Hickman  opposed  the  bills,  "  because  the  Pres 
ident   had   all  power  now."     Mr.   Crittenden    thought 
these  bills  tended  to  create  the  idea,  "  that  our  whole  aim 
is  to  make  the  war  an  abolition  measure."     Mr.  Love- 
joy  (Rep.)   of  Illinois  resumed  the  discussion  on  the 
24th  of  April.     "  I  am  for  the  Union  entire,"  declared 
Mr.  Lovejoy  ;  ff  but  I  am  not  for  the  return  of  the  domi 
nation  and  tyranny  of  slavery,  which  has  not  allowed  me 
for  the  last  quarter  of  a  century  to  tread  the  soil  of  more 
than  one-half  of  the  Territories  of  these  United  States. 
...   I  insist,  therefore,   that  slavery  must  perish,  in 
order  that  American  citizens  may  have  the  enjoyment 
of  all  their  rights.     I  desire  the  seceded  States  to  come 
back,  but  to  come  in  such  manner  that  I  can  enjoy  the 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  147 

privileges  of  an  American  citizen  within  their  limits. 
I  have  been  excluded  long  enough.  In  other  words,  I 
want  them  to  come  back  free,  and  not  slave  States. 
Long  enough  have  American  citizens  been  subjected  to 
the  cord  and  knife,  and  last,  and  worst  of  all,  the  ter 
rible  indignity  of  the  scourge,  for  no  other  cause  than 
holding  and  uttering  principles  in  favor  of  freedom,  im 
partial  and  universal.  .  .  .  The  gentleman  from  Ken 
tucky  says  he  has  a  niche  for  Abraham  Lincoln.  Where 
is  it?  He  pointed  upward.  But,  sir,  should  the  Presi 
dent  follow  the  counsels  of  that  gentleman,  and  become 
the  defender  and  perpetuator  of  human  slavery,  he 
should  point  downward  to  some  dungeon  in  the  temple 
of  Moloch,  who  feeds  on  human  blood,  and  is  surrounded 
with  fires,  where  are  forged  manacles  and  chains  for 
human  limbs ;  in  the  crypts  and  recesses  of  whose 
temple,  woman  is  scourged  and  rnan  tortured,  and  out 
side  the  walls  are  lying  dogs  gorged  with  human  flesh, 
as  Byron  describes  them  stretched  around  Stamboul. 
That  is  a  suitable  place  for  the  statue  of  one  who  would 
defend  and  perpetuate  human  slavery.  ...  I,  too,  have 
a  niche  for  Abraham  Lincoln ;  but  it  is  in  Freedom's 
holy  fane,  and  not  in  the  blood-besmeared  temple  of 
human  bondage  ;  not  surrounded  by  slaves,  fetters,  and 
chains,  but  with  the  symbols  of  freedom  ;  not  dark  with 
bondage,  but  radiant  with  the  light  of  liberty.  In  that 
niche  he  shall  stand  proudly,  nobly,  gloriously,  with 
shattered  fetters  and  broken  chains  and  slave-whips  be 
neath  his  feet.  If  Abraham  Lincoln  pursues  the  path 
evidently  pointed  out  for  him  in  the  providence  of  God, 
as  I  believe  he  will,  then  he  will  occupy  the  proud  posi 
tion  I  have  indicated.  That  is  a  fame  worth  living  for  ; 


148  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

ay,  more,  that  is  a  fame  worth  dying  for, .though  that 
death  lead  through  the  blood  of  Gethsemane  and  the 
agony  of  the  accursed  tree.  That  is  a  fame  which  lias 
glory  and  honor  and  immortality  and  eternal  life.  Let 
Abraham  Lincoln  make  himself,  as  I  trust  he  will,  the 
emancipator,  the  liberator,  as  he  has  the  opportunity  of 
doing,  and  his  name  shall  not  only  be  enrolled  in  this 
earthly  temple,  but  it  will  be  traced  on  the  living  stones 
of  that  temple  which  rears  itself  amid  the  thrones  and 
hierarchies  of  heaven,  whose  top  stone  is  to  be  brought 
in  with  shouting  of  '  Grace,  grace  unto  it !  " 

Mr.  Roscoe  Conkling  demanded  the  previous  ques 
tion  on  Mr.  Olin's  resolution  to  refer  the  resolutions  and 
bills  to  a  select  committee, — yeas  71;  nays  47.  The 
question  recurring  on  the  adoption  of  the  resolution, 
Mr.  Vallandigham  demanded  the  yeas  and  nays,  and 
they  were  ordered,  —  yeas  90,  nays  31 ;  and  the  Speaker 
announced,  on  the  28th,  the  following  as  the  commit 
tee, —  Abraham  B.  Olin  of  New  York,  Thomas  D. 
Eliot  of  Massachusetts,  John  W.  Noell  of  Missouri, 
John  Hutchins  of  Ohio,  Robert  Mallory  of  Kentucky, 
Fernando  C.  Beaman  of  Michigan,  and  George  T. 
Cobb  of  New  Jersey.  Mr.  Olin,  at  his  own  request, 
was  excused  from  serving  on  the  committee ;  and  Mr. 
Sedgwick  (Rep.)  of  New  York  was  appointed. 

On  the  30th,  Mr.  Eliot,  by  unanimous  consent,  in 
troduced  two  bills,  which  were  severally  read  a  first 
and  second  time,  referred  to  the  special  committee  on 
the  confiscation  of  rebel  property,  and  ordered  to  be 
printed  :  "  A  bill  to  confiscate  the  property  of  rebels 
for  the  payment  of  the  expenses  of  the  present  Rebellion, 
and  for  other  purposes  ; '  and  "  A  bill  to  free  from  ser- 


CERTAIN  SLAVES  TO  BE  MADE  FREE.      149 

vitude  the  ^slaves  of  rebels  engaged  in  abetting  the 
existing  Rebellion  against  the  Government  of  the  United 
States."  On  the  14th  of  May,  Mr.  Eliot  reported  back 
these  bills  by  the  direction  of  the  committee ;  and,  on 
the  20th,  the  House  proceeded  to  their  consideration. 
The  debate  ran  through  several  days,  and  was  partici 
pated  in  by  several  members. 

Mr.  Eliot  (Rep.)  of  Massachusetts  opened  the  debate 
in  support  of  these  twin  measures  of  confiscation  and 
emancipation,  and  closed  by  saying,  "The  strength  of 
our  Government,  the  resources  of  its  loyal  citizens,  the 
young  men  of  our  homes,  the  hope  and  the  pride  of  our 
life,  have  been  offered  up  a  free  sacrifice  upon  the  altar 
of  their  country.  The  war  yet  continues.  Hundreds  of 
thousands  of  rebel  soldiers  compose  their  armies,  led  on 
in  the  field,  and  sustained  in  council  and  in  Congress,  by 
traitors,  whose  property,  employed  for  your  destruction , 
this  bill  will  confiscate,  and  whose  slaves  your  rightful 
action  will  set  free.  My  friends,  let  there  be  no  hesita 
tion  here.  The  time  has  come.  Your  country  demands 
your  intervention.  By  your  allegiance  to  the  Constitu 
tion  you  have  sworn  to  protect,  and  the  free  institutions 
our  fathers  established,  I  invoke  you  to  consummate 
quickly  this  needful  legislation,  which  shall  crush  out 
this  foul  Rebellion,  and  insure  domestic  tranquillity  for 
evermore." 

Mr.  Noel  (Union)  of  Missouri  supported  these  bills, 
"  as  the  only  means  by  which  our  loyal  people  can  be 
protected."  —  "I  would  set  free,"  said  Mr.  Riddle 
(Rep.)  of  Ohio,  "  the  slaves  of  every  man  and  woman 
engaged  in  this  Rebellion.  The  guilt  of  the  master 
should  inure  at  least  to  the  benefit  of  the  slave,  and 

13* 


150     CERTAIN  SLAVES  TO  BE  MADE  FREE. 

from  this  huge  crime  should  spring  a  greater  bene 
ficence." —  "It  is  slavery,"  said  Mr.  Windom  (Rep.) 
of  Minnesota,  "  that  vitiated  the  conscience,  destroyed 
the  morals,  brutalized  the  soul,  and,  in  its  own  foul 
fens,  generated  these  monsters  of  wickedness,  who^e 
•mad  attempts  to  destroy  the  Republic  are  characterized 
by  the  frightful  excesses  to  which  I  have  referred.  All 
the  want,  misery,  strife,  treachery,  bloodshed,  barbari- 
ity,  and  desolation,  which  now  stalks  through  this  once- 
happy  country,  have  their  origin  in  the  fell  system  of 
human  bondage  which  it  has  nourished  and  protected." 
Mr.  Voorhees  (Dem.)  of  Indiana  addressed  the  House 
in  condemnation  of  the  policy  of  the  Government.  Mr. 
Lansing  (Rep.)  of  New  York,  in  an  earnest  speech, 
said,  "  As  my  abhorrence  of  slavery  could  not  be  in 
creased  by  its  abuses,  if  it  is  capable  of  them ;  so  no 
mitigation  of  the  system,  if  it  is  capable  of  mitigation, 
could  lessen  that  abhorrence.  No  matter  to  me  whether 
every  slaveholder  were  either  a  Legree  or  a  St.  Clair : 
my  detestation  of  the  system  would  be  the  same  in 
either  case ;  for,  sooner  or  later,  it  will  involve  in  itself 
every  other  crime."  Mr.  Mallory  (Dem.)  of  Ken 
tucky  followed  Mr.  Lansing  in  an  elaborate  speech. 
He  "entered  his  solemn  protest"  against  the  charge, 
that  slavery  was  the  cause  of  the  war.  "I  am  no 
propagandist  of  slavery,"  he  avowed.  "  I  am  the 
owner  of  slaves,  and  the  descendant  of  men,  who,  as  far 
back  as  I  can  trace  them  in  America,  were  the  owners 
of  slaves  ;  and  I  have  made  the  declaration  upon  this 
floor,  that  the  condition  of  slavery  is  the  veryjbest  con 
dition  in  which  you  can  place  the  African  race.  That 
is  my  deliberate  conviction.  I  mean  here  in  the  United 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  151 

States  of  America,  and  in  those  States  where  slavery 
exists."  Mr.  Wallace  (Rep.)  of  Pennsylvania  spoke 
for  the  adoption  of  these  measures,  and  Mr.  Phelps 
(Dem.)  of  Missouri  followed  in  .opposition.  "We 
have  held  back,"  said  Mr.  Blair  (Rep.)  of  Pennsyl 
vania,  "  these  powerful  engines  of  military  policy,  in 
the  hope  that  the  enemies  of  the  nation  would  return  to 
reason  and  repentance.  At  all  events,  it  is  time  for  us 
to  try  what  virtue  there  is  in  downright  earnestness  of 
purpose.  I  have  not  a  fear  of  its  results,  either  upon 
the  war,  or  upon  the  welfare  of  the  people  South  or  North. 
I  believe  that  even  this  generation  will  realize  the  bless 
ings  whicli  will  flow  from  such  a  policy.  It  will  teach 
the  world  two  things  better  than  they  have  ever  been 
taught  before,  —  the  unity  of  this  nation,  and  the  unity 
of  the  human  family.  When  Peace  shall  come  again, 
she  will  not  tarry  with  us  as  a  wayfarer,  but  will  dwell 
with  us.  The  nation,  with  all  cause  of  fraternal  strife 
banished,  will  be  fitted  for  a  better  life;  and,  wherever 
its  flag  shall  float,  it  will  command  the  respect  and  the 
honor  and  the  love  of  men."  Mr.  Rollins  (Rep.)  of 
New  Hampshire  earnestly  advocated  the  measures. 
"The  path  of  duty,"  he  said,  "never  shone  so  bright 
for  a  people  as  it  does  for  us  to-day.  As  we  advance, 
it  grows  brighter.  The  President's  message  recom 
mending  emancipation  was  the  rending  of  the  veil. 
The  gift  of  freedom  to  a  few  poor,  but  oh  !  how  grate 
ful  recipients,  has  returned  to  bless  ,the  hearts  of  mil 
lions  who  bestowed  it.  A  deed  more  rich  in  virtue, 
more  fruitful  in  the  approving  of  conscience,  more 
blessed  with  the  smiles  of  Almighty  God,  stands  not  on 
the  records  of  this  nation."  Mr.  Kerrigan  (Dem.)  of 


152  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

New  York  spoke  next  in  opposition  to  these  bills, 
because  they  tended  "to  create  distrust  in  the  public 
mind."  Mr.  Menzies  (Opp.)  of  Kentucky  opposed  any 
legislation,  but  declared  that  "  we  are  not  bound  to 
prevent  the  escape  of  the  slaves  of  rebels,  if  they  are  in 
the  way  of  our  armies.  We  are  not  bound  to  prevent 
our  soldiers  from  using  them,  when  they  can  be  turned 
to  our  advantage.  We  make  no  war  upon  slavery  in 
the  States.  We  are  fighting  for  the  Constitution.  If 
slavery  is  necessarily  and  incidentally  injured  in  the 
progress  of  the  war,  set  the  injury  down  to  the  account 
of  the  Rebellion.  They  would  have  it.  The  rebels 
must  attempt  the  destruction  of  their  bulwark,  the  Con 
stitution  :  we  must  defend  it.  Their  slaves  may  take 
advantage  of  the  conflict  and  confusion  to  desert  such 
silly  masters.  Such  injury  is  chargeable  to  those  who 
make  war  upon  the  Government."  Mr.  S.  C.  Fessen- 
den  (Rep.)  of  Maine  thought  "the  early  antislavery 
men  have  lived  to  see  that  '  he  who  has  God  on  his 
side  is  always  in  the  majority.'  We  learned  the  lesson 
at  their  feet,  and  from  their  success  to  rely  upon  the 
merits  of  our  cause  and  upon  God,  who  to  the  right 
will  give  the  victory."  Mr.  Grider  (Opp.)  of  Ken 
tucky  was  now  opposed  to  confiscation  and  emancipa 
tion.  Mr.  Babbitt  (Rep.)  of  Pennsylvania  was  com 
pelled  by  his  settled  convictions  to  say,  that,  in  his 
opinion,  "  one  of  the  most  efficient  means  of  speedily 
crushing  out  the  Rebellion  and  preserving  the  Union 
would  be  the  adoption  of  measures  upon  the  basis  in 
dicated  in  the  Bill  before  us  for  freeing  from  servitude 
the  slaves  of  persistent  rebel  masters."  Mr.  Sheffield 
(Dem.)  of  Rhode  Island  earnestly  opposed  the  policy 


CERTAIN  SLAVES  TO  BE  MADE  FREE.      153 

of   confiscation    and    emancipation   embodied    in    these 
bills,  as  unauthorized  by  the  Constitution. 

Mr.  Sedgwick  (Rep.)  of  New  York  offered  an  amend 
ment  to  the  bill.  "  The  recital  of  that  amendment  avers," 
said  Mr.  Sedgwick,  "  that  eleven  States  formerly  of  the 
Union,  combined  together  under  the  title  of  'The  Con 
federate  States  of  America,'  have  made  war  upon  and 
rebelled  against  the  Government  of  the  United  States, 
and  continue  in  such  war  and  rebellion.  Upon'that 
fact  I  propose  to  base  an  enactment,  by  which  it  shall  be 
the  duty  of  every  commanding  officer  of  a  naval  or  mili 
tary  department,  within  any  portion  of  those  States,  in 
some  way,  by  proclamation  or  otherwise,  to  invite  all 
loyal  persons  —  and  I  mean  to  include  in  that  slaves  — 
to  come  within  the  lines,  and  be  enrolled  in  the  service 
of  the  United  States  ;  and  I  mean  by  that  any  service 
which  they  can  render,  civil  or  military  :  and  that  it 
shall  be  the  duty  of  such  commanding  officers  to  enroll 
every  such  person,  and  employ  such  of  them  as  may  be 
necessary  in  the  service  of  the  United  States  ;  and  the 
reward  for  that  service  I  propose  to  make  FREEDOM  to 
them  and  their  descendants  for  ever.  I  include  in  that 
the  slaves  not  only  of  rebels,  but  of  persons  claiming  to 
be  loyal ;  but  I  propose  for  these  compensation,  and  I 
also  propose  compensation  for  the  services  of  all  such 
as  may  be  claimed  by  widows  and  minors.  I  claim  the 
right  to  this  enactment  under  the  war  power  ;  and  I  shall 
attempt  to  show  that  it  exists,  and  that  it  is  within  the 
power  of  Congress  to  legislate  in  regard  to  it.  I  will 
have  no  disguise  of  my  opinions  or  intentions.  My 
stand  upon  the  subject  is  open  to  all  observation,  lam 
for  destroying  this  hostile  institution  in  every  State 


154     CERTAIN  SLAVES  TO  BE  MADE  FREE. 

that  has  made  war  upon  this  Government :  and,  if  we 
have  military  strength  enough  to  reduce  them  to  pos 
session,  I  propose  to  leave  not  one  slave  in  the  wake  of 
our  advancing  armies  ;  not  one."  —  "I  believe,"  declared 
Mr.  F.  P.  Blair,  jun.  (Rep.) ,  of  Missouri,  "  that,  as  long 
as  the  negro  race  remains  here,  there  is  no  hope,  no  pos 
sibility,  nor  is  it  in  any  aspect  desirable,  that  they  should 
have  any  share  in  the  political  power  of  the  country.  I 
think  that  the  Almighty  intended  them  for  the  tropics, 
or  that  the  tropics  were  intended  for  them  :  one  or  the 
other  is  true.  Every  attempt  on  the  part  of  the  human 
race  to  frustrate  that  intention  has  brought  destruction 
on  the  men  who  attempted  it."  —  "Are  we,"  inquired 
Mr.  Spaulding  (Eep.)  of  New  York,  "to  be  struck 
hard  at  every  opportunity,  without  giving  hard  blows  in 
return?  I  trust  not.  War  means  to  strike  often,  and 
strike  hard  on  both  sides,  —  'an  eye  for  an  eye,  and  a 
tooth  for  a  tooth.'  War  teaches  us  to  use  all  the  means 
within  our  power  to  strengthen  ourselves  and  to  weaken 
our  enemy.  Let  us  weaken  him  in  every  possible  way 
within  the  rules  of  civilized  warfare.  We  should  strike 
him  personally,  strip  him  of  his  property,  and  strike  the 
shackles  from  every  slave,  that,  by  his  labor  and  services, 
gives  him  support.  These  are  the  rights  of  war  ;  and  I 
am  prepared  to  see  them  fully  enforced."  Mr.  Sargent 
(Rep.)  of  California  desired  "to  see  this  Rebellion 
utterly  overthrown ;  and  therefore  I  vote  for  these 
measures."  Mr.  Loomis  (Rep.)  of  Connecticut  said, 
"  We  are  told  that  the  Constitution  is  in  the  way.  But 
I  remember  how  the  Constitution  has  been  perverted 
from  the  first  in  aid  of  these  conspirators  against  the  life 
of  the  nation.  It  has  been  like  a  jug,  with  the  handle 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  155 

on  the  rebel  side.  Every  single  step  which  the  National 
Government  has  taken  in  the  assertion  of  its  rightful 
prerogatives  has  been  met  with  the  same  cry,  — '  Stop  ! 
you  are  violating  the  Constitution  !  '  At  the  com 
mencement  of  the  Rebellion,  the  Constitution  had  become 
so  perverted  in  its  construction,  as  to  become  like  Mil 
ton's  bridge,  that  led  — 

'  Smooth,  easy,  inoffensive,  down  to  hell.' 

As  we  look  backward  through  the  history  of  the  usurpa 
tions  of  the  slave  power  in  our  land,  it  seems  to  have 
been  a  deliberate  purpose  so  to  emasculate  our  organic 
law  as  to  make  secession  easy.  The  Constitution  was 
all  bristling  with  vitality  and  power  to  guarantee,  protect, 
and  extend  slavery,  although  slavery  was  nowhere  named 
in  that  sacred  instrument ;  while  liberty,  though  every 
where  guarded  by  the  most  explicit  guaranties,  lias  had 
no  more  meaning  for  many  years  past,  in  the  estimation 
of  proslavery  commentators,  than  it  had  in  the  old 
French  dictionary,  where  it  was  defined  only  as  ?  a  word 
of  three  syllables.'" 

Mr.  Holman  (war  Dem.)  of  Indiana  made  an  ear 
nest  and  eloquent  speech  against  the  policy  of  emanci 
pation,  because  it  would  "  divide  your  councils,  and 
weaken  the  strength  of  your  armies."  "As  one  of  the 
representatives  of  Indiana,"  he  said,  "I  have  supported, 
sir,  and  will  still  support,  every  just  measure  of  this 
Administration  to  restore  the  Union.  No  partisan  in 
terest  shall  control  me  when  the  Eepublic  is  in  danger. 
I  place  the  interest  of  my  country  far  above  every  other 
interest.  I  will  make  any  sacrifice  to  uphold  the  Gov- 
but  I  will  not  be  deterred  from  condemning, 


156     CERTAIN  SLAVES  TO  BE  MADE  FREE. 

at  this  time,  this  or  any  other  series  of  measures  —  the 
offspring  of  misguided  zeal  and  passion,  or  the  want  of 
faith  in  our  people  —  which  tends  to  defeat  the  hope 
of  a  restoration  of  the  Union.  The  citizen  soldier, 
stricken  down  in  battle  or  worn  out  by  the  weary 
march,  falls  a  willing  sacrifice  for  the  Constitution  of 
his  country,  and  his  dying  eyes  light  up  with  hope  as 
they  catch  the  gleam  of  its  starry  symbol,  while  we 
deliberate  on  measures  which  would  overthrow  the  one, 
and  blot  out  the  stars  from  the  other." 

Mr.  Julian  (Rep.)  of  Indiana  made  a  vigorous  and 
eloquent  speech  in  favor  of  the  extinction  of  slavery  in 
the  rebel  States.  "This  clamor  for  the  Union  as  it 
was,"  he  said,  "comes  from  men  who  believe  in  the 
divinity  of  slavery.  It  comes  from  those  who  would 
restore  slavery  in  this  district  if  they  dared ;  who  would 
put  back  the  chains  upon  every  slave  made  free  by  our 
army ;  who  would  completely  re-establish  the  slave 
power  over  the  National  Government,  as  in  the  evil  days 
of  the  past,  which  have  culminated  at  last  in  the  present 
bloody  strife ;  and  who  are  now  exhorting  us  to  ?  leave 
off  agitating  the  negro  question,  and  attend  to  the  work 
of  putting  down  the  Rebellion.'  Sir,  the  people  of  the 
loyal  States  understand  this  question.  They  know  that 
slavery  lies  at  the  bottom  of  all  our  troubles.  They 
know,  that,  but  for  this  curse,  this  horrid  revolt  against 
liberty  and  law  would  not  have  occurred.  They  know 
that  all  the  unutterable  agonies  of  our  many  battle 
fields,  all  the  terrible  sorrows  which  rend  so  many  thou 
sands  of  loving  hearts,  all  the  ravages  and  desolation  of 
this  stupendous  conflict,  are  to  be  charged  to  slavery. 
They  know  that  its  barbarism  has  moulded  the  leaders 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  157 

of  this  Rebellion  into  the  most  atrocious  scoundrels  of 
the  nineteenth  century,  or  of  any  century  or  age  of  the 
world.  They  know  that  it  gives  arsenic  to  our  soldiers, 
mocks  at  the  agonies  of  wounded  enemies,  fires  on 
defenceless  women  and  children,  plants  torpedoes  and 
infernal  machines  in  its  path,  boils  the  dead  bodies  of 
our  soldiers  in  caldrons,  so  that  it  may  make  drinking- 
cnps  of  their  skulls,  spurs  of  their  jaw-bones  and  finger 
joints  as  holiday  presents  for  '  the  first  families  of  Vir 
ginia  '  and  the  '  descendants  of  the  daughter  of  Poca- 
hontas.'  They  know  that  it  has  originated  whole  broods 
of  crimes  never  enacted  in  all  the  ages  of  the  past ;  and 
that,  were  it  possible,  Satan  himself  would  now  be 
ashamed  of  his  achievements,  and  seek  a  change  of 
occupation.  They  know  that  it  hatches  into  life,  under 
its  infernal  incubation,  the  very  scum  of  all  the  villanies 
and  abominations  that  ever  defied  God  or  cursed  his 
footstool ;  and  they  know  that  it  is  just  as  impossible 
for  them  to  pass  through  the  fiery  trials  of  this  war, 
without  feeling  that  slavery  is  their  grand  antagonist,  as 
it  is  for  a  man  to  hold  his  breath,  and  live." 

Mr.  Arnold  (Rep.)  of  Illinois  eloquently  said,  "The 
cause  which  bore  the  cross  in  1850  wears  the  crown  to 
day.  'No  power  can  die  that  ever  wrought  for  truth,' 
while  the  political  graves  of  recreant  statesmen  are  elo 
quent  with  warnings  against  their  mistakes.  Where  are 
those  Northern  statesmen  who  betrayed  liberty  in  1820? 
They  are  already  forgotten,  or  remembered  only  in  their 
dishonor.  Who  now  believes  that  any  fresh  laurels 
were  won  in  1850  by  the  great  men  who  sought  to  o-a"- 

»  o  &    o 

the  people  of  the  free  States,  and  lay  the  slab  of  silence 
on  those  truths  which  to-day  write  themselves  down, 

14 


158  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

along  with  the  guilt  of  slavery,  in  the  flames  of  civil 
war?  Has  any  man  in  the  whole  history  of  American 
politics,  however  deeply  rooted  his  reputation  or  godlike 
his  gifts,  been  able  to  hold  dalliance  with  slavery,  and 
live  ?  I  believe  the  spirit  of  liberty  is  the  spirit  of  God  ; 
and,  if  the  giants  of  a  past  generation  were  not  strong 
enough  to  wrestle  with  it,  can  the  pigmies  of  the  pres 
ent  ?  It  has  been  beautifully  said  of  Wilberforce,  that  he 
'  ascended  to  the  throne  of  God  with  a  million  of  broken 
shackles  in  his  hands  as  the  evidence  of  a  life  well 
spent.'  History  will  take  care  of  his  memory ;  and 
when  our  own  bleeding  country  shall  again  put  on  the 
robes  of  peace,  and  Freedom  shall  have  leave  to  gather 
up  her  jewels,  she  will  not  search  for  them  among  the 
political  fossils  who  are  now  seeking  to  spare  the  rebels 
by  pettifogging  their  cause  in  the  name  of  the  Constitu- 
tution,  while  the  slave  power  is  feeling  for  the  nation's 
throat." 

Mr.  Harding  (Opp.)  of  Kentucky  pronounced  the 
policy  of  emancipating  the  slaves  of  rebels  "  the  weak 
est  and  most  disastrous  policy  ever  thought  of."  Mr. 
Richardson  (Dem.)  of  Illinois  said,  "The  bills  now 
under  consideration  propose  to  violate  not  only  your 
pledges,  but,  at  the  same  time,  the  Constitution.  You 
forget  your  promises  :  you  advocate  these  bills,  and  urge 
their  passage  through  this  House."-  "  Pass  these  bills 
under  consideration,"  said  Mr.  Dunlap  (Opp.)  of  Ken 
tucky,  "  and  we  enter  upon  a  new  life.  A  new  stage 
is  erected  before  us  ;  and  upon  it,  for  weal  or  for  woe, 
we  shall  have  to  encounter  the  realities  of  an  untried 
experiment."  Mr.  Clements  (Union)  of  Temn 
opposed  the  bills.  Mr.  Noel  of  Missouri  earnestly  ad- 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  159 

vocated  the  bills.  He  said,  "Perhaps,  sir,  in  standing 
up  here  for  the  safety  and  security  of  the  loyal  people 
there,  I  may  be  signing  my  political  death-warrant : 
but,  sir,  if  I  go  down,  I  will  go  down,  like  the  heroes  of 
the  f  Cumberland,'  with  my  flag  still  flying  ;  and  my  last 
act  shall  be  that  of  pouring  a  broadside  into  the  ranks 
of  treason.  ...  I  was  charmed  with  the  eloquence  of 
the  distinguished  gentleman  from  Massachusetts  (Mr. 
Thomas)  a  few  days  since.  To  his  patriotic  sentiments  I 
heartily  subscribe.  In  devotion  to  the  Constitution, 
I  claim  to  go  as  far  as  he.  We  look  at  it,  however, 
from  a  different  standpoint,  and  give  it  a  different  con 
struction.  When  I  heard  his  impassioned  language, 
my  pleasure  was  not  unmixed  with  pain.  My  mind 
ran  back  to  the  desolation  and  ruin  of  my  own  section. 
I  wondered  how  it  could  be  that  a  gentleman  hailing 

o  o 

from  a  district  in  the  Old  Bay  State,  which  had  fur 
nished  so  many  jewels  in  the  crown  of  our  national 
glory,  could  find  no  balm  in  the  Constitution  to  cure 
the  ills  of  patriots  and  loyalists,  or  guaranties  for  their 
security  and  protection.  Sir,  must  I  go  back  to  the 
persecuted  Union  men  of  Missouri,  who  have  been 
robbed  and  plundered  without  mercy  by  their  rebel  ene 
mies,  and  tell  them  that  the  Constitution  is  in  the  way 
of  any  effective  legislation  that  would  hold  the  enemy's 
property  as  security  for  their  safety  ?  Must  I  tell  them 
that  their  wives  will  have  again  to  do  like  the  mother 
of  Ishmael,  — take  up  their  little  ones,  and  flee  to  the 
wilderness?" 

"  The  men  who  have  instigated  this  Rebellion,"  said 
Mr.  Ely  (Rep.)  of  New  York,  "not  upon  the  impulse 
of  a  day,  but  as  the  culmination  of  passions  which  have 


1GO  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

been  nursed  for  a  generation,  and  which  have  not  merely 
become  as  enduring  as  life,  but  which  will  be  transmit 
ted  as  heir-looms  of  hate  from  father  to  son,  are  the 
great  land  barons  of  the  South.  They  have  nursed  their 
pride  in  stately  mansions,  and  by  the  contemplation  of 
broad  .acres.  They  will  never  forgive  or  forget  the 
grief  of  the  defeat  which  is  impending  over  them.  They 
never  can  or  will  become  truly  loyal;  and,  if  we  leave 
them  in  possession  of  the  estates  which  have  made  them 
powerful,  it  is  impossible  that  the  South  will  be  in  our 
day  any  thing  but  a  slumbering  political  volcano,  liable 
at  any  moment  to  belch  forth  smoke  and  fire  and  devas 
tating  lava."  Mr.  Shanks  (Rep.)  of  Indiana  thought 
it  "  strange  that  an  American  Congress  should  be  so 
unaccountably  infatuated  with  the  high  crime  of  slavery 
as  to  falter  and  fall  before  it  even  in  its  treasons."  Mr. 
Hutchins  (Rep.)  of  Ohio  could  "  see  no  reason  why  loyal 
white  men  should  be  obliged  to  go  to  the  South,  with 
its  sultry  climate,  and  endure  all  the  dangers  and  hard 
ships  of  that  climate,  from  tenderness  to  the  views  of 
loyal  slaveholders."  Mr.  Beaman  (Rep.)  of  Michigan 
eloquently  advocated  these  measures  of  confiscation  and 
emancipation.  "  Can  it  be  doubted  that  the  rebels  are 
in  earnest  ?  Does  any  man  imagine  that  they  will  ever 
yield,  and  lay  down  their  arms,  until  compelled  to  do  so 
by  force  ?  Do  they  now  employ  any  thing  less  than  their 
entire  resources,  energy,  and  skill?  Will  the  taking 
away  of  four  millions  of  their  population  —  three- 
fourths  or  more  of  their  industrial  classes  —  increase 
their  hopes,  courage,  and  capacity  for  evil?  ...  It  has 
been  repeatedly  intimated  on  this  floor,  that  the  passage 
of  these  bills,  and  especially  of  the  one  contemplating 


CERTAIN  SLAVES  TO  BE  MADE  FREE.      161 

a  contingent  emancipation  of  slaves,  would  create  dis 
sensions  at  the  North,  and  seriously  impair  the  efficiency 
of  the  army.  Indeed,  gentlemen  have  gone  the  length 
to  predict  that  it  would  result  in  mutiny,  and  cause  the 
troops  to  lay  down  their  arms,  and  disband.  .  .  .  Does 
any  sane  man  believe  that  Northern  freemen  engaged  in 
this  war  for  the  purpose  of  protecting  and  sustaining 
slavery?  Why  should  they  secure  to  the  master  his 
slave,  rather  than  his  cotton,  his  horse,  or  his  ox? 
What  cause  of  animosity  have  they  against  the  poor 
bondman?  What  interest  have  they  in  maintaining  and 
perpetuating  the  peculiar  institution?  What  object 
have  they  in  strengthening  the  resources  of  the  enemy  ? 
Whence  comes  this  deep  and  all-absorbing  love  of 
slavery  in  the  hearts  of  Northern  freemen,  —  a  love  that 
commands  them  to  forget  country,  the  graves  of  mur 
dered  brothers,  and  even  the  necessary  means  of  self- 
preservation  ?  Does  it  come  from  party  ties  and  party 
influences?  The  love  of  country  is  stronger  than  the 
love  of  party.  Republicans  are  not  wedded  to  the 
institution,  and  Slavery  slew  Democracy  in  the  Charles 
ton  Convention.  Slavery,  according  to  a  senator  from 
South  Carolina,  made  these  same  Northern  freemen 
mud-sills.  Slavery  made  Kansas  a  field  of  blood. 
Slavery  has  destroyed  freedom  of  speech,  and  freedom 
of  the  press.  Slavery  has  whipped,  driven  from  their 
homes,  and  even  hung,  inoffensive  native-born  American 
citizens.  Slavery  has  smitten  with  blight  and  mildew 
fifteen  States  of  the  Union,  and  barbarized  millions  of 
our  population.  And,  finally,  Slavery  has  made  war 
upon  the  United  States,  and  has  already  slain  fifty  thou 
sand  of  her  loyal  men.  Mutiny,  disband,  and  lay  down 

14* 


1G2  CERTAIN    SLAVES    TO   BE    MADE    FREE. 

their  arms,  because  you  remove  poison  from  their  cups, 
and  turn  pistols  from  their  breasts  !  Mutiny,  disband, 
and  lay  down  their  arms,  lest  you  should,  in  self-defence, 
strangle  the  monster,  the  serpent  in  this  our  garden  of 
Eden,  —  the  author  of  all  our  woes  !  " — "Slavery,  being 
in  itself  wrong,"  said  Mr.  Rice  (Rep.)  of  Maine,  "can, 
as  a  system,  only  be  secure  in  wrong  government ;  being 
contrary  to  natural  right  and  justice,  it  knows  no  laws 
but  those  of  aggression  and  force  ;  being  in  the  habitual 
exercise  of  despotic  power  over  an  inferior  race,  it 
learns  to  despise  and  disregard  the  rights  of  all  races. 
It  has  '  sown  the  wind  ; '  let  it f  reap  the  whirlwind.'  By 
the  laws  of  peace,  it  was  entitled  to  protection,  and  had 
it ;  by  the  laws  of  war,  it  is  entitled  to  annihilation. 
In  God's  name,  let  it  still  have  its  right."  Mr.  Han- 
chett  (Rep.)  of  Wisconsin  declared,  that  he  "who 
chooses  to  brave  the  moral  sense  of  mankind,  by  affect 
ing  to  own  man  as  property,  does  so  with  a  full  appre 
ciation  of  all  moral,  social,  and  political  consequences. 
He  who  pays  his  money  for  human  brains  and  human 
legs  does  so  with  the  full  knowledge  that  brains  were 
made  to  think,  and  that  legs  were  made  to  run.  He 
takes  his  risk  for  time  and  for  eternity,  for  peace  and  for 
war,  for  good  or  for  evil,  subject  to  all  the  incidents  of 
his  unnatural  tenure."  Mr.  Hanchett  closed  his  remarks 
with  the  declaration,  that  "all  the  people  ask  of  the 
Administration  is,  that  they  yield  neither  to  local  pre 
judices  or  interest  on  the  one  hand,  nor  neglect  the 
plain  suggestions  afforded  by  current  events  on  the 
other;  and  that,  to  save  the  loyalty  of  a  few  slavehold 
ers,  the  patriotic  aspirations  of  millions  of  unconditional 
Union  men  be  not  divided  and  crushed." 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  163 

Mr.  Price  (Opp.)  of  Missouri  was  "utterly  opposed 
to  any  measure  which  looks  to  the  emancipation  of 
slaves,  without  the  free  consent  of  their  masters."  Mr. 
Price  thought,  for  "  the  origin  of  the  war,"  we  must  "  go 
quite  behind  the  negro  :  "  the  true  cause  was  "  the  lust 
of  power,  restless  and  unsatiable  ambition.  It  is,"  he 
declared,  "this  unrepublican  fondness  for  distinction, 
parade,  and  display,  this-  itching  for  fame,  and  insatia 
ble  thirst  for  power,  that  has  led  to  all  our  present 
troubles.  South-Carolina  politicians  and  wealthy  plant 
ers  desired  to  become  lords  temporal ;  and  Charleston 
merchants  desired  to  become  princes  under  King  Cotton , 
and  control  the  commerce  of  the  world.  With  the 
madman's  purpose  of  accomplishing  these  objects,  they 
inaugurated  a  revolution.  I  utter  no  threats  nor  im 
precations,  nor  shall  I  shed  tears  of  pity  if  the  bold 
traitors  who  invoked  this  storm  should  be  whelmed  for 
ever  beneath  its  fiery  waves.  It  would  only  be  poetic 
justice  if  that  pestilent  triangle,  that  has  never  grown 
any  thing  but  rice,  tar,  and  treason,  should  be  devoured 
by  the  fires  of  its  own  kindling."  Mr.  Kellogg  (Rep.) 
of  Illinois  would  support  these  measures  to  cripple  the 
energies  of  the  rebels,  and  put  an  end  to  this  desolating 
war.  "  We  should  not  in  our  legislation,"  he  said, 
"  strike  at  the  unthinking  and  the  unwitting  dupes  of 
designing  men ;  but  we  should  strike  at  those  whose 
heads  have  conceived,  and  whose  hearts  have  been  en 
listed  in,  this  work."  Mr.  Thomas  (Opp.)  of  Massa 
chusetts  made  an  elaborate,  able,  and  eloquent  speech 
in  opposition  to  these  twin  measures  of  confiscation  and 
emancipation.  "That  the  bills,"  he  said,  "before  the 
House  are  in  violation  of  the  law  of  nations,  and  of 


164  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

the  Constitution,  I  cannot  —  I  say  it  with  all  deference 
to  others  —  I  cannot  entertain  a  doubt.  My  path  of 
duty  is  plain.  The  duty  of  obedience  to  that  Constitu 
tion  was  never  more  imperative  than  now.  I  am  not 
disposed  to  deny  that  I  have  fbr  it  a  superstitious  rever 
ence.  I  have  '  worshipped  it  from  my  forefathers.'  In 
the  school  of  rigid  discipline  by  which  we  were  prepared 
for  it,  in  the  struggles  out  of  which  it  was  born,  the 
seven  years  of  bitter  conflict,  and  the  seven  darker  years 
in  which  that  conflict  seemed  to  be  fruitless  of  good,  in 
the  wisdom  with  which  it  was  constructed  and  first 
administered  and  set  in  motion,  in  the  beneficent  Gov 
ernment  it  has  secured  for  more  than  two  generations, 
in  the  blessed  influences  it  has  exerted  upon  the  cause 
of  freedom  and  humanity  the  world  over,  I  cannot  fail 
to  recognize  the  hand  of  a  guiding  and  loving  Provi 
dence.  But  not  for  the  blessed  memories  of  the  past  only 
do  I  cling  to  it.  He  must  be  blinded  c  with  excess  of 
light,'  or  with  the  want  of  it,  who  does  not  see  that  to 
this  nation,  trembling  on  the  verge  of  dissolution,  it  is 
the  only  possible  bond  of  unity." 

Mr.  Train  (Rep.)  of  Massachusetts  thought  the  Vir 
ginia  and  Kentucky  resolutions  of  1798,  originally 
brought  forward  to  embarrass  the  administration  of  John 
Adams,  have  done  their  work  ;  that  "  the  germ  of  disso 
lution  then  planted  has  been  industriously  nursed  by  de 
signing  men  and  inborn  traitors,  until  now  the  country  is 
reaping  the  bitter  fruit.  Slavery  has  added  its  influence 
in  bringing  about  the  Rebellion,  and  a  most  potent  and 
sinful  one.  It  is  an  unmitigated  curse,  and  a  deadly 
evil ;  but  this  Rebellion  would  have  occurred  without  it. 
T\  lien  you  add  the  workings  of  slavery  to  the  doctrines 


CERTAIN    SLAVES    TO    BE    MADE    FREE.  165 

I  have  alluded  to,  every  hour  brings  you  with  lightning 
speed  to  practical  secession.  Slavery  debases  every 
white  person  with  which  it  comes  in  contact,  socially 
and  politically.  It  creates  a  difference  of  classes  incom 
patible  with  a  republican  form  of  government ;  it  makes 
the  master  impatient  of  control,  and  insubordinate  as  a 
citizen  of  the  State,  as  it  compels  the  master  to  hold 
a  large  amount  of  land  to  make  slavery  profitable ;  it 
creates  a  landed  aristocracy,  who,  living  upon  the  labor 
of  others,  learn  to  look  down  with  contempt  upon  those 
who  regard  labor  as  honorable  ;  and  finally  it  creates  a 
class  of  poor  whites,  who,  with  the  rights  of  citizens,  are 
as  ignorant  and  degraded  as  the  blacks,  and  who  were 
easily  inflamed  to  political  madness,  when  the  masters, 
rankling  at  the  loss  of  political  power,  and  to  some 
of  them  the  still  greater  loss  of  the  opportunity  to 
steal  from  the  public  treasury,  applied  the  doctrine 
of  State  rights,  and  practically  of  open  secession.  If, 
then,  the  event  of  the  Rebellion  shall  annihilate  the  doc 
trine  of  State  rights,  the  Union  may  be  restored,  though 
slavery  remains  stat  nominis  umbra."  Mr.  Whalley 
(Union)  of  Virginia  briefly  and  earnestly  advocated  the 
pending  bills.  Virginia,  he  declared,  was  mobbed  out 
of  the  Union  ;  and  the  people  of  Western  Virginia  ap 
pealed  to  the  people  of  the  loyal  States  for  aid,  and 
"Massachusetts,  responding  to  our  call,  loaned  us  ten 
thousand  stand  of  arms."  He  emphatically  declared, 
"  If  the  policy  is  carried  out  which  is  contended  for  by 
some  of  the  gentlemen  who  are  opposed  to  confiscation, 
let  me  tell  them,  however  honest  they  may  be  in  their 
opinions  to  the  contrary,  the  united  South  and  their 
sympathizers  in  the  North  will  once  more  take  possession 


166     CERTAIN  SLAVES  TO  BE  MADE  FREE. 

of  tliis  Government,  and  fill  every  seat  in  this  House  with 
traitors,  and  our  liberty  will  be  at  an  end.  If  we  re 
ceive  them  back  into  full  fellowship,  with  their  hands  all 
dripping  with  the  blood  of  their  countrymen,  do  you 
suppose  that  we  of  Western  Virginia  can  live  upon  Vir 
ginia  soil?  Do  you  suppose  that  the  patriots  of  East 
Tennessee  can  remain  quietly  in  their  homes  ?  No,  sir.  I 
say  to  the  gentleman  from  Massachusetts  (Mr.  Thomas), 
if  it  is  unconstitutional  to  confiscate  the  property  of  these 
rebels,  our  Constitution  is  a  failure,  and  our  Government 
is  at  an  end ;  and  I  had  rather  go  with  my  family,  and 
live  among  the  wild  savages  of  the  West,  than  remain  in 
Western  Virginia."  Mr.  Ashley  (Rep.)  of  Ohio  assert 
ed,  that,  "more  than  a  year  ago,  I  proclaimed,  to  the 
constituency  which  I  have  the  honor  to  represent,  my 
purpose  to  destroy  the  institution  of  slavery,  if  it  became 
necessary  to  save  the  country,  —  as  I  believed  then,  and 
still  believe  it  is, — in  every  State  which  had  rebelled, 
or  which  should  rebel,  and  make  war  upon  the  Govern 
ment.  I  then  demanded,  as  I  now  demand,  'that  not 
a  single  slave  claimed  by  a  rebel  slave-master  shall  be 
delivered  up  if  he  escape,  or  be  left  in  the  wake  of  our 
advancing  and  victorious  armies/  I  then  declared,  as 
I  now  declare,  that  '  justice,  no  less  than  our  own  self- 
preservation  as  a  nation,  required  that  we  should  confis 
cate  and  emancipate,  and  thus  secure  indemnity  for 
the  past,  and  security  for  the  future.' "  Mr.  Killinger 
(Rep.)  of  Pennsylvania  thought  we  were  "in  danger 
of  doing  too  much,  not  too  little,  on  this  interminable 
negro  question." 

Mr.  Gurley  (Rep.)   of  Ohio    earnestly  pressed   the 
duty  of  extending  confiscation  to  the  slaves  of  disloyal 


CERTAIN  SLAVES  TO  BE  MADE  FREE.     167 

masters.  "I  see  not,"  he  said,  "  why  property  in  slaves 
so  called  should  be  regarded  as  more  sacred  in  title  than 
houses,  lands,  gold,  and  silver.  True,  the  man  who  is 
called  a  slave  bears  the  image  of  God ;  there  is  upon 
him  the  moral  impress  of  the  Almighty ;  it  is  generally 
believed  also  that  he  has  a  soul,  or  spirit,  that  is  immor 
tal  ;  and  it  is  the  common  expectation,  that  he  will  sit 
down  in  heaven  side  by  side  with  his  master :  but  is  it 
for  this  that  lie  must,  amid  all  the  changes  and  chances 
of  government,  of  war  and  peace,  irrevocably  remain 
in  servitude,  while  every  other  species  of  property  is 
taken  from  rebels?  Is  it,  then,  true  that  property  in 
husbands,  wives,  and  children,  is  so  intensified  in  value, 
that  even  hard  coin  may  be  taken,  but  these  never?  By 
what  rule,  pray,  of  justice,  human  or  divine,  or  of  law, 
shall  we  seize  the  horses  of  rebels,  and  pass  by  their 
slaves,  when  one  of  the  latter  is  practically  worth  in 
this  war  twenty  of  the  former?"  Mr.  White  (Rep.) 
of  Indiana  advocated  the  bills,  and  Mr.  Nugen  (Dem.) 
of  Ohio  opposed  their  enactment.  Mr.  Cox  (Dem.)  of 
Ohio  delivered  a  lengthy  and  discursive  speech  on  eman 
cipation  and  its  results.  lie  denied  that  "  slavery  was 
the  cause  of  the  Rebellion  :  "  it  was  "the  occasion,  not 
the  cause."  He  believed  secession  "the  worst  crime 
since  Calvary,"  but  was  "  at  as  great  a  loss  how  to  appor 
tion  the  guilt  between  secession,  and  abolition  which 
begat  it,  as  I  would  be  to  apportion  the  guilt  of  the  cru 
cifixion  between  Judas  and  the  Roman  soldiers.  .  .  . 
Must  these  Northern  fanatics,"  he  asked,  "be  sated 
with  negroes,  taxes,  and  blood,  with  division  North  and 
devastation  South,  and  peril  to  constitutional  liberty 
everywhere,  before  relief  shall  come?  They  will  not 


168  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

halt  until  their  darling  schemes  are  consummated. 
History  tells  us  that  such  zealots  do  not  and  cannot  go 
backward."  Mr.  Wickliffe  (Opp.)  of  Kentucky  had 
been  nearly  fifty  years  devoted  to  the  service  of  the 
country ;  and,  old  and  crippled,  he  was  sent  there  to  do 
all  he  could  to  restore  the  Union  as  it  was,  to  preserve 
the  Constitution,  and  enforce  the  laws.  He  had  served 
with  John  Quincy  Adams  in  Congress,  and  he  was 
"  bound  to  ascribe  his  hatred  of  the  South  and  its  insti 
tutions  to  his  overthrow  in  1828  as  President.  Mr. 
Adams  had  been  the  founder,  and  for  life  the  leader,  of 
that  party  in  the  North  which  made  constant  war  upon 
the  institution  of  slavery  within  the  States.  It  is  on 
his  wild,  heated,  and  monstrous  doctrine,"  he  declared, 
"  that  the  advocates  of  emancipation  by  the  war  of  the 
present  day  base  their  claim  of  the  power."  No  lan 
guage  could  express  his  abhorrence  of  the  act  of  organ 
izing  a  brigade  of  slaves  by  Gen.  Hunter.  "I  have," 
he  declared,  "introduced  a  bill  to  prohibit  this  outrage, 
this  wrong  upon  humanity,  this  stigma  upon  the  charac 
ter  of  the  nation,  which  no  repentance,  not  of  long- 
roll  ing  years,  will  efface."  Mr.  Walton  (Rep.)  of 
Vermont  made  an  elaborate  argument  on  the  power  to 
enact  the  pending  bills,  and  in  favor  of  the  Senate  bill. 
Mr.  Law  (Dern.)  of  Indiana  emphatically  declared 
that  "  the  man  who  dreams  of  closing  the  present  un 
happy  contest  by  reconstructing  this  Union  upon  any 
other  basis  than  that  prescribed  by  our  fathers,  in  the 
compact  formed  by  them,  is  a  madman,  —  ay,  worse,  a 
traitor  ;  and  should  be  hung  as  high  as  Haman.  Sir, 
pass  these  acts,  confiscate  under  these  bills  the  prop 
erty  of  these  men,  emancipate  their  negroes,  place  arms 


CERTAIN    SLAVES    TO   BE    MADE    FREE.  169 

in  the  hands  of  these  human  gorillas  to  murder  their 
masters  and  violate  their  wives  and  daughters,  and  you 
will  have  a  war  such  as  was  never  witnessed  in  the 
worst  days  of  the  French  Revolution,  and  horrors  never 
exceeded  in  St.  Domingo,  for  the  balance  of  this  cen 
tury  at  least." 

Mr.  Maynard  (Union)  of  Tennessee  doubted  "  the 
power  of  Congress  under  the  Constitution  to  pass 
either  of  these  bills  ; "  and  he  was  "  opposed  to  the 
exercise  by  Congress  of  any  doubtful  powers."  Mr. 
Eliot,  Chairman  of  the  Select  Committee,  closed  the 
debate  in  an  earnest  appeal  to  the  House  to  "  show,  that 
so  far  as  we  are  concerned,  as  the  Legislature  of  the 
country,  as  the  Congress  of  the  United  States,  we  are 
willing,  so  far  as  we  are  constitutionally  able,  to 
hearken  to  the  cry  of  our  people,  to  uphold  and 
strengthen  the  arms  of  the  Government,  and  condemn 
the  property  of  rebel  enemies,  which  is  now  employed 
for  the  overthrow  of  our  Constitution  and  our  laws." 
After  the  passage  of  the  Confiscation  Bill,  the  speaker 
stated  that  the  next  question  was  the  House  bill  to  free 
from  servitude  the  slaves  of  rebels  engaged  in  or  abet 
ting  the  existing  Rebellion,  and  that  the  question  was 
first  on  Mr.  Blair's  amendment  to  Mr.  Sedgwick's 
amendment.  Mr.  Blair  demanded  the  yeas  and  nays, 
and  they  were  ordered, — yeas  52,  nays  95.  The 
question  then  recurred  on  Mr.  Sedgwick's  amendment ; 
and  Mr.  Holman  demanded  the  yeas  and  nays,  and 
they  were  ordered,  —  yeas  32,  nays  116.  The  ques 
tion  recurred  on  Mr.  Walton's  amendment  to  Mr. 
Morrill's  amendment,  and  it  was  lost,  —  yeas  29,  nays 
121 ;  and  the  question  recurred  on  Mr.  Morrill's  sub- 

15 


170     CERTAIN  SLAVES  TO  BE  MADE  FREE. 

stitute,  and  it  was  lost, — yeas  16,  nays  126.  Mr. 
Eliot's  bill  was  then  read  a  third  time.  Mr.  Vallan- 
digham  demanded  the  yeas  and  nays  on  the  passage  of 
the  bill,  and  they  were  ordered,  — yeas  74,  nays  78. 
So  the  bill  was  rejected  on  the  26th  of  May. 

On  the  27th,  Mr.  Porter  moved  a  reconsideration  of 
the  vote,  for  the  purpose  of  moving  to  recommit  the 
bill,  with  instructions  to  report  as  a  substitute  the 
amendment  he  had  proposed.  The  motion  coming  up 
on  the  28th,  Mr.  Porter  moved  to  postpone  the  consid 
eration  of  the  motion  to  the  4th  of  June.  Mr.  Holman 
moved  to  lay  the  motion  to  reconsider  on  the  table,  — 
yeas  69,  nays  73.  The  motion  to  postpone  to  the  4th 
of  June  was  agreed  to.  On  the  4th  of  June,  the 
Speaker  stated  the  business  in  order  to  be  Mr.  Porter's 
motion  to  reconsider  the  vote  rejecting  the  bill  to  free 
the  slaves  of  rebels,  and  recommit  the  bill  with  instruc 
tions.  Mr.  Porter  addressed  the  House  in  support  of 
his  motion  to  reconsider  and  recommit.  Mr.  Vallan- 
digham  moved  to  lay  the  motion  to  reconsider  on  the 
table, — yeas  65,  nays  86  ;  and  Mr.  Porter's  motion  to 
reconsider  was  then  agreed  to, — yeas  84,  nays  64. 
Mr.  Porter  then  moved  to  recommit  the  bill  to  the 
Special  Committee,  with  instructions  to  report  his  sub 
stitute  ;  and  the  motion  was  agreed  to,  —  yeas  84, 
nays  66. 

Mr.  Eliot,  Chairman  of  the  Special  Committee,  on 
the  17th  of  June  reported  back  the  original  bill,  with 
Mr.  Porter's  substitute ;  and  moved  several  amend 
ments,  all  of  which  were  ordered  to  be  printed.  On 
the  18th,  Mr.  Eliot  moved  a  substitute  for  Mr.  Por 
ter's  amendment,  reported  by  the  Select  Committee, 


CERTAIN   SLAVES    TO   BE    MADE    FREE.  171 

under  the  instructions  of  the  House.  Mr.  Eliot's  sub 
stitute  provided  that  all  right,  title,  interest,  and  claim 
whatever  of  every  person  belonging  to  six  classes,  — 
the  sixth  including  all  persons  in  armed  rebellion  sixty 
days  after  the  President  shall  issue  his  proclamation,  — 
in  and  to  the  service  of  any  other  persons,  shall  be  for 
feited,  and  such  persons  shall  be  for  ever  discharged 
from  service,  and  be  freemen ;  and  that  the  Presi 
dent  appoint  commissioners  to  carry  the  act  into  effect. 
Mr.  Eliot's  amendment  was  agreed  to, — yeas  82,  nays 
54;  the  substitute,  as  amended,  was  agreed  to, — yeas 
83,  nays  52 ;  and  the  bill,  as  amended,  was  passed,  — 
yeas  82,  nays  54. 

On  the  23d  of  June,  the  Senate  proceeded  to  the  con 
sideration  of  the  House  bill,  passed  on  the  26th  of  May, 
to  confiscate  the  property  of  rebels.  Mr.  Clark  moved 
to  'amend  it  by  striking  out  all  after  the  enacting  clause, 
and  inserting  the  bill  reported  by  the  Select  Com 
mittee  of  the  Senate,  which  combined  confiscation 
and  emancipation.  Mr.  Saulsbury  (Dem.)  of  Dela 
ware  addressed  the  Senate  on  the  24th  of  June  in  op 
position  to  the  policy  of  confiscation  and  emancipation. 
On  the  27th,  the  debate  was  resumed  by  Mr.  Cowan, 
Mr.  Trumbull,  Mr.  Howard,  Mr.  Browning,  Mr.  Dix- 
on,  and  Mr.  Sumner.  Mr.  Trumbull,  in  reply  to  Mr. 
Saulsbury,  said,  "When  a  negro  rushes  in  to  save  the 
life  of  my  brother  or  my  son  from  the  bayonet  of  a 
traitor  against  this  Government,  and  knocks  up  the 
weapon  that  is  aimed  at  his  life,  I  will  say  f  God  speed' 
to  the  negro,  and  I  will  encourage  him  to  do  it  again. 
Sir,  no  traitor  shall  come  and  murder  my  child  or 
my  brother,  or  any  soldier  of  my  State  or  my  country, 


172     CERTAIN  SLAVES  TO  BE  MADE  FREE. 

who  is  fighting  for  this  Union,  with  my  consent.  If 
there  is  a  negro  or  anybody  ejse  in  God's  world  that 
has  got  an  arm  to  strike  him  down,  I  will  say,  r  Strike  ! ' 
I  care  not  who  it  is." --"Let  me  confess  frankly," 
said  Mr.  Sumner,  "  that  I  look  with  more  hope  and 
confidence  to  liberation  than  to  confiscation.  To  give 
freedom  rs  nobler  than  to  take  property :  and,  on  this 
occasion,  it  cannot  fail  to  be  more  efficacious  ;  for,  in 
this  way,  the  rear-guard  of  the  Rebellion  will  be  surely 
changed  into  the  advance-guard  of  the  Union.  There 
is  in  confiscation,  unless  when  directed  against  the 
criminal  authors  of  the  Rebellion,  a  harshness  incon 
sistent  with  that  mercy  which  it  is  always  a  sacred  duty 
to  cultivate,  and  which  should  be  manifest  in  propor 
tion  to  our  triumphs,--' mightiest  in  the  mightiest/ 
But  liberation  is  not  harsh  ;  and  it  is  certain,  if  prop 
erly  conducted,  to  carry  with  it  the  smiles  of  a  benig 
nant  Providence."  On  the  28th,  the  debate  was 
continued  by  Mr.  Wilkinson,  Mr.  Cowan,  Mr.  Sum 
ner,  Mr.  Clark,  Mr.  Doolittle,  Mr.  Pomeroy,  Mr. 
Sherman,  Mr.  Wade,  Mr.  Fessenden,  and  other  sen 
ators.  Mr.  Clark's  amendment  to  the  Confiscation 
Bill  of  the  House  was  agreed  to, — yeas  21,  nays  17. 
Mr.  Trumbull  moved  to  amend  by  inserting  the  House 
bill  to  free  the  slaves  of  rebels.  After  debate,  Mr. 
Trumbull  withdrew  his  amendment.  The  vote  was 
taken  on  concurring  in  Mr.  Clark's  amendment  adopt 
ed  in  committee, — yeas  19,  nays  17;  and  the  bill  as 
amended  was  then  passed, — yeas  28,  nays  13. 

In  the  House,  on  the  3d  of  July,  the  Confiscation  Bill, 
as  amended  by  the  Senate,  was  taken  up  for  considera 
tion.  Mr.  Crisfield  (Dem.)  moved  to  lay  the  amend- 


CERTAIN    SLAVES    TO    BE    MADE   FREE.  173 

ment  on  the  table, — yeas  48,  nays  81.  The  question 
was  then  taken  on  the  Senate  amendment,  and  it  was 
non-concurred  in,  —  yeas  8,  nays  124. 

The  Senate,  on  the  8th,  proceeded  to  the  considera 
tion  of  the-  Confiscation  Bill.  Mr.  Clark  moved  to 
insist,  and  ask  a  Committee  of  Conference.  Mr.  Sher 
man  moved  to  recede,^ — yeas  14,  nays  23.  On  Mr. 
Clark's  motion  to  insist,  and  ask  a  Committee  of  Con 
ference,  the  yeas  were  28,  and  the  nays  10  ;  and  Mr. 
Clark,  Mr.  Harris,  and  Mr.  Wright,  were  appointed. 
The  House,  on  the  same  day,  on  motion  of  Mr.  Eliot, 
voted  to  insist  on  its  disagreement  to  the  Senate  amend 
ment,  and  appointed  Mr.  Eliot,  Mr.  Wilson  (Rep.)  of 
Iowa,  and  Mr.  Corning  (Dem.)  of  New  York,  a  Com 
mittee  of  Conference  on  the  part  of  the  House.  On 
the  llth  of  July,  Mr.  Eliot,  from  the  Conference  Com 
mittee,  reported  in  substance  the  Senate  amendment  pre 
pared  by  Mr.  Clark.  This  report  combined  confiscation 
and  emancipation  in  one  bill.  It  provided  that  all  slaves 
of  persons  who  shall  give  aid  or  comfort  to  the  Rebel 
lion,  who  shall  take  refuge  within  the  lines  of  the  army  ; 
all  slaves  captured  from  such  persons,  or  deserted  by 
them,  and  coming  under  the  control  of  the  Government ; 
and  all  slaves  of  such  persons  found  on  being  within  any 
place  occupied  by  rebel  forces,  and  afterwards  occupied 
by  the  forces  of  the  United  States,  —  shall  be  deemed 
captives  of  war,  and  shall  be  for  ever  free,  and  not  again 
held  as  slaves  ;  that  fugitive  slaves  shall  not  be  surren 
dered  to  persons  who  have  given  aid  and  comfort  to  the 
Rebellion  ;  that  no  person  engaged  in  the  military  or 
naval  service  shall  surrender  fugitive  slaves,  on  pain  of 
being  dismissed  from  the  service  ;  and  that  the  Presi- 

15* 


174  CERTAIN    SLAVES    TO    BE    MADE    FREE. 

dent  may  employ  persons  of  African  descent  for  the 
suppression  of  the  Rebellion,  and  organize  and  use 
them  in  such  manner  as  he  may  judge  best  for  the  pub 
lic  welfare.  Mr.  Allen  (Dem.)  of  Illinois  moved  to 
lay  the  report  of  the  Conference  Committee  on  the 
table, — yeas  42,  nays  78;  and  the  report  was  then 
agreed  to,  — yeas  82,  nays  42.  In  the  Senate,  on  the 
12th,  the  Conference  Committee's  report  was  considered. 
Mr.  M'Dougall  moved  to  lay  it  on  the  table,  — yeas  12, 
nays  28.  Mr.  Carlile  demanded  the  yeas  and  nays  on 
the  acceptance  of  the  report,  — yeas  27,  nays  12.  So 
the  report  was  accepted ;  and  the  bill  received,  on  the 
17th  of  July,  the  approval  of  the  President  of  the  United 
States. 


175 


CHAPTER   VII. 

HAYTI    AND    LIBERIA. 
MR.  SUMNER'S  BILL  TO  AUTHORIZE  THE  APPOINTMENT  OF  DIPLOMATIC 

REPRESENTATIVES   TO   HAYTI   AND   LIBERIA.  —  MR.    SUMNER'S     SPEECH. 

—  MR.  DAVIS'S  AMENDMENT.  — MR.  DAVIS'S  SPEECH.  —  PASSAGE  OF  THE 
BILL.  —  THE   BILL   REPORTED    IN   THE   HOUSE.  —  MR.    GOOCH'S   SPEECH. 

—  MR.     COX'S     AMENDMENT.  —  MR.      COX'S      SPEECH.  —  MR.      BIDDLE'S 

SPEECH.  —  MR.  KELLEY'S  SPEECH.  —  MR.  M'KNIGHT'S  SPEECH.  —  MR. 
ELIOT'S  SPEECH.  —  MR.  THOMAS'S  SPEECH.  —  MR.  FESSENDEN'S  SPEECH. 

—  MR.  ^MAYNARD'S    SPEECH.  —  MR.    CRITTENDEN'S    SPEECH.  —  PASSAGE 
OF   THE   BILL. 

IN  the  Senate,  on  the  4th  of  February,  1862,  Mr. 
Sumner  (Rep.)  of  Massachusetts,  from  the  Com 
mittee  on  Foreign  Relations,  to  whom  was  referred 
so  much  of  the  President's  message  as  relates  to  the 
opening  of  diplomatic  relations  with  the  republics  of 
Hayti  and  Liberia,  reported  a  bill  to  authorize  the 
President  of  the  United  States  to  appoint  diplomatic 
representatives  to  the  republics  of  Hayti  and  Liberia ; 
which  was  read,  and  passed  to  a  second  reading. 

On  the  22d  of  April,  Mr.  Sumner  moved  to  take  up 
the  bill  to  authorize  the  President  to  appoint  diplomatic 
representatives  to  the  republics  of  Hayti  and  Liberia. 
The  motion  was  agreed  to,  the  bill  read  a  second  time, 
and  made  the  special  order  for  the  next  day.  On  that 
day,  the  Senate,  as  in  Committee  of  the  Whole,  pro 
ceeded  to  its  consideration.  It  proposed  to  authorize 
the  President  of  the  United  States,  by  and  with  the 


176  HAYTI    AND   LIBERIA. 

advice  and  consent  of  the  Senate,  to  appoint  diplomatic 
representatives  of  the  United  States  to  the  republics  of 
Hayti   and   Liberia    respectively.      Mr.    Sumner    then 
addressed  the  Senate  in  support  of  the  bill  in  a  mod 
erate    and  well-guarded  speech.      "The  independence 
of  Hayti  and  Liberia,"  he   said,  "  has  never  yet  been 
acknowledged  by   our  Government.     It  would  at  any 
time    be   within  the  province  of  the  President  to   do 
this,  either    by   receiving    a  diplomatic    representative 
from   these   republics,   or    by   sending    one   to    them. 
The   action   of  Congress    is  not  necessary,   except    so 
far  as   an  appropriation  may   be  needed  .to    sustain  a 
mission.     But  the  President  has  seen  fit,  in  his  annual 
message,  to  invite  such  action.     By  this  bill,  Congress 
will  associate  itself  with  him  in  the  acknowledgment, 
which,   viewed  only  as  an  act  of  justice,  comity,  and 
good  neighborhood,  must  commend  itself  to  all  candid 
minds.   ...  A   full    generation    has  passed  since  the 
acknowledgment  of  Hayti  was  urged   upon  Congress. 
As  an  act  of  justice  too  long  deferred,  it  aroused  even 
then  the  active  sympathy  of  multitudes ;    while,  as  an 
act  for  the  benefit  of  our  commerce,  it  was  ably  com 
mended    by   eminent   merchants    of  Boston    and    New 
York,  without  distinction  of  party.       It    received    the 
authoritative  support  of  John  Quincy  Adams,    whose 
vindication  of  Hayti  was  associated  with  his  best  la 
bors  in  the  other  House.     The  right  of  petition,  which 
he    steadfastly  maintained,  was  long   ago    established. 
Slavery  in  the  national  capital  is  now   abolished.      It 
remains    that    this   other    triumph    shall    be    achieved. 
Petitioners   who  years  ago   united  in  this  prayer,  and 
statesmen  who  presented  the  petitions,  are  dead ;    but 


HAYTI    AND    LIBERIA.  177 

they  will   all  live  again  in  the  good  work  which  they 
generously  began." 

On  the  24th,  the  Senate  resumed  the  consideration  of 
the  bill.  Mr.  Davis  (Opp.)  of  Kentucky  moved  an 
amendment  in  the  nature  of  a  substitute,  to  strike  out 
all  after  the  enacting  clause,  and  insert,  "That  the  Pres 
ident  of  the  United  States  be,  and  hereby  is,  author 
ized  to  appoint  a  consul  to  the  republic  of  Liberia,  and 
a  consul-general  to  the  republic  of  Hayti."  Mr.  Davis 
said,  "  I  am  weary,  sick,  disgusted,  despondent,  with  the 
introduction  of  the  subject  of  slaves  and  slavery  into 
this  Chamber-;  and,  if  I  had  not  happened  to  be  a  mem 
ber  of  the  committee  from  which  this  bill  was  reported,  I 
should  not  have  opened  my  mouth  upon  the  subject.  If, 
after  such  a  measure  should  take  effect,  the  republic  of 
Hayti  and  the  republic  of  Liberia  were  to  send  their 
ministers  plenipotentiary  or  their  charges  d'affaires  to 
our  Government,  they  would  have  to  be  received  by  the 
President  and  by  all  the  functionaries  of  the  Govern 
ment  upon  the  same  terms  of  equality  with  similar 
representatives  from  other  powers.  We  recollect,  that, 
a  few  years  ago,  the  refined  French  court  admitted  and 
received  the  representative  of  Soulouque,  who  then 
denominated  himself,  or  was  called,  the  Emperor  of  Do 
minica,  I  think."  Mr.  Sumner :  "Of  Hayti."— "Well," 
continued  Mr.  Davis,  "a  big  negro  fellow,  dressed  out 
with  his  silver  or  gold  lace  clothes  in  the  most  fantastic 
and  gaudy  style,  presented  himself  in  the  court  of  Louis 
Napoleon,  and,  I  admit,  was  received.  Now,  sir,  I 
want  no  such  exhibition  as  that  in  our  capital  and  in 
our  Government.  The  American  minister,  Mr.  Mason, 
was  present  on  that  occasion ;  and  he  was  sleeved  by 


178  HAYTI   AND   LIBERIA. 

some  Englishman  —  I  have  forgotten  his  name  —  who 
was  present,  who  pointed  out  to  him  the  ambassador 
of  Soulouque,  and  said,  '  What  do  you  think  of  him? ' 
Mr.  Mason  turned  round,  and  said,  '  I  think,  clothes 
and  all,  he  is  worth  a  thousand  dollars.' "  Mr.  Davis 
hoped  that  many  colored  people  would  go  to  Liberia,  and 
cast  their  destinies  in  the  land  of  their  fathers.  "  I 
made,"  replied  Mr.  Sumner,  "  no  allusion  to  the  charac 
ter  of  the  population  of  those  two  republics.  I  made  no 
appeal  for  them  on  account  of  their  color.  I  did  not 
allude  to  the  unhappy  circumstance  in  their  history, 
that  they  had  once  been  slaves.  It  is  the  senator  from 
Kentucky  who  has  introduced  that  topic  into  debate. 
And  not  only  this,  sir  :  he  has  followed  it  by  alluding 
to  some  possible  difficulties  —  I  hardly  know  how  to 
characterize  them  —  which  may  occur  here  in  social 
life,  should  the  Congress  of  the  United  States  under 
take  at  this  late  day,  simply  in  harmony  with  the  law 
of  nations,  and  following  the  policy  of  civilized  commu 
nities,  to  pass  the  bill  now  under  discussion.  I  shall 
not  follow  the  senator  on  those  sensitive  topics.  I  con 
tent  myself  with  a  single  remark.  I  have  more  than 
once  had  the  opportunity  of  meeting  citizens  of  these 
republics  ;  and  I  say  nothing  more  than  truth  when  I 
add,  that  I  have  found  them  so  refined,  and  so  full  of 
self-respect,  that  I  am  led  to  believe  no  one  of  them 
charged  with  a  mission  from  his  government  will  seek 
any  society  where  he  will  not  be  entirely  welcome. 
Sir,  the  senator  from  Kentucky  may  banish  all  anxiety 
on  that  account.  No  representative  from  Hayti  or 
Liberia  will  trouble  him."  Mr.  Davis's  amendment  was 
rejected,  —  yeas  8,  nays  30.  The  yeas  and  nays  were 


HAYTI   AND   LIBERIA.  179 

then  ordered   on  the  passage  of   the  bill,  —  yeas  32, 
nays   7.       So  the  bill  passed  the  Senate. 

In  the  House,  June  2,  Mr.  Gooch  (Rep.)  of  Mas 
sachusetts  moved  that  the  Committee  on  Foreign  Affairs 
be  discharged  from  the  further  consideration  of  the  Sen 
ate  bill  authorizing  the  President  of  the  United  States 
to  appoint  diplomatic  representatives  to  the  republics 
of  Hayti  and  Liberia.  Mr.  Gooch  addressed  the  House 
in  a  clear,  concise,  and  practical  speech  in  support  of 
the  measure.  He  said,  "Justice,  sound  policy,  political 
wisdom,  commercial  interest,  the  example  of  other  gov 
ernments,  and  the  wishes  of  the  people  of  our  own,  all 
demand  that  we  recognize  the  independence  of  Hayti 
and  Liberia,  and  that,  in  our  intercourse  with  them,  we 
place  them  on  the  same  footing  as  other  independent 
nations."  Mr.  Cox  (Dem.)  of  Ohio  moved  as  a  substi 
tute  the  following  amendment :  "  That  there  be  appoint 
ed  for  each  of  the  republics  of  Liberia  and  Hayti  a 
consul-general,  who  shall  be  authorized  to  negotiate  any 
treaties  of  commerce  between  said  republics  and  this 
country."  Mr.  Cox  said  that  this  was  "literally  a 
Black-Republican  measure.  The  gentleman  from  Mas 
sachusetts  intends  to  let  Hayti  and  Liberia  send  as 
ministers  whomsoever  they  please  to  this  country.  If 
they  send  negro  ministers  to  Washington  City,  the  gen 
tleman  will  say,  they  shall  be  welcomed  as  ministers, 
and  have  all  the  rights  of  Lord  Lyons  and  Count  Mer- 
cier." — "  What  objection,"  asked  Mr.  Fessenden  (Rep.) 
of  Maine,  "  can  the  gentleman  have  to  such  representa 
tives  ?  "  —  "  Objection  ?  Gracious  heavens  !  what  inno- 
cency  !  "  exclaimed  Mr.  Cox.  "  Objection  to  receiving 
a  black  man  on  an  equality  with  the  white  men  of  this 


180  HAYTI    AND    LIBERIA. 

country?  Every  objection  which  instinct,  race,  preju 
dice,  and  institutions  make.  What  is  it  for,  unless  it  be 
to  outrage  the  prejudices  of  the  whites  of  this  country, 
and  to  show  how  audacious  the  abolitionists  can  behave  ? 
How  fine  it  will  look,  after  emancipating  the  slaves  in 
this  District,  to  welcome  here  at  the  White  House  an 
African,  full-blooded,  all  gilded  and  belaced,  dressed 
in  court  style,  with  wig  and  sword  and  tights  and 
shoe-buckles  and  ribbons  and  spangles,  and  many  other 
adornments  which  African  vanity  will  suggest !  How 
suggestive  of  fun  to  our  good-humored,  joke-cracking 
Executive  !  With  what  admiring  awe  will  the  contra 
bands  approach  this  ebony  demigod  !  while  all  decent 
and  sensible  white  people  will  laugh  the  silly  and  ridi 
culous  ceremony  to  scorn."  Mr.  Biddle  (Dem.)  of 
Pennsylvania  followed  Mr.  Cox.  "  I  cannot,"  he  said, 
"  recognize  this  measure  as  now  prompted  by  that  genu 
ine  philanthropy  of  which  political  abolitionism  is  the 
basest  of  counterfeits.  Eminent  members  of  the  party 
in  power  laugh  to  scorn  this  colonization  scheme." 

On  the  3d  of  June,  the  House  resumed  the  consider 
ation  of  the  bill.  Mr.  Kelley  (Rep.)  of  Pennsylvania 
said,  "The  gentleman  from  Ohio  (Mr.  Cox),  acting 
under  the  new  code,  indulged  himself  in  parading  before 
the  House  the  squalor  and  ignorance  of  the  recently  es 
caped  slaves  around  us,  as  a  fair  portraiture  of  the  con 
dition  of  the  negro  race.  He  drew  a  melancholy  picture. 
But  how  he  enjoyed  it !  and  with  what  evident  satisfac 
tion  he  added  each  sombre  tint !  The  gusto  with  which 
he  completed  the  work  gave  some  indication  of  how 
jolly  he  would  be,  could  he  join  a  ring  in  derisive  dance 
around  some  ulcerous  Lazarus  or  blind  Samson  fallen 


HAYTI   AND   LIBERIA.  181 

by  the  wayside.  And  then  his  other  picture  of  the 
negro  official  in  shoe-buckles,  knee-breeches,  gold  lace, 
and  bag  wig,  —  it  was  so  funny  !  True,  I  did  not  hear 
the  roars  of  laughter  that  should  have  followed  it ;  but 

O 

I  am  quite  sure,  that,  if  there  was  any  such  pecson  as  the 
elder  Mr.  Weller  in  the  galleries,  the  effort  to  suppress 
his  laughter  must  have  brought  him  well-nigh  to  apo 
plexy."  Mr.  M'Knight  (Rep.)  of  Pennsylvania  fol 
lowed  in  support  of  the  measure.  "It  has  been,"  he 
said,  "  to  our  glory  that  we  planted  the  seeds  of  freedom, 
civilization,  and  Christianity,  on  the  shores  of  heathen 
Africa,  and  to  our  shame  that  we  have  so  long  aban 
doned  the  culture  and  nature  of  the  plant  to  others." 
Mr.  Eliot  (Rep.)  of  Massachusetts  discussed  the  inter 
ests  involved,  and  the  duty  of  action.  Mr.  Thomas 
(Opp.)  of  Massachusetts  spoke  briefly  but  eloquently 
in  favor  of  the  bill.  "  I  have  no  desire,"  he  declared, 
"  to  enter  into  the  question  of  the  relative  capacity  of 
races  ;  but,  if  the  inferiority  of  the  African  race  were 
established,  the  inference  as  to  our  duty  would  be  very 
plain.  If  this  colony  has  been  built  up  by  an  inferior 
race  of  men ,  they  have  upon  us  a  yet  stronger  claim  for 
our  countenance,  recognition,  and,  if  need  be,  protec 
tion.  The  instincts  of  the  human  mind  and  heart  concur 
with  the  policy  of  men  and  governments  to  help  and 
protect  the  weak.  I  understand,  that  to  a  child  or  to 
a  woman  I  am  to  show  a  degree  of  forbearance,  kind 
ness,  and  of  gentleness  even,  which  I  am  not  necessarily 
to  extend  to  my  equal."  Mr.  Fessenden  of  Maine 
would  be  willing  to  see  any  one,  without  regard  to  color, 
who  might  be  sent  as  minister  by  a  government  with 
whom  we  have  diplomatic  relations.  "  The  whole  argu- 

16 


182  HAYTI    AM)    LIBERIA. 

ment,"  he  said,  "of  Mr.  Cox,  centred  in  this:  Hayti 
and  Liberia  are  not  to  be  acknowledged, — no  matter 
what  reasons  may  be  given  to  the  contrary,  — because, 
if  otherwise,  we  shall  see  black  ambassadors  in  "Wash 
ington.  In  my  opinion,  the  speech  of  the  gentleman 
was  unworthy  of  his  head  and  heart."  Mr.  Maynard 
(Union)  of  Tennessee  would  pass  the  bill.  "  The  policy 
of  this,  like  all  other  nations,  should  be  to  recognize  every 
nationality  which  has  entitled  itself  to  that  degree  of 
consideration.  I  suppose,  if  Liberia  should  send  one 
of  her  citizens  here,  one  of  Afric's  dusky  sons,  in  some 
diplomatic  character,  —  and  even  this  by  no  means  fol 
lows  from  the  passage  of  this  bill,  —  and  he  should  oc 
cupy  a  seat  in  the  diplomatic  gallery,  none  of  us  would 
suffer  more  harm  from  the  proximity  than  we  now  do 
from  our  contact  with  those  of  the  same  race  who  attend 
to  the  wants  of  our  persons,  brushing  our  coats  and 
polishing  our  boots,  in  the  lobbies  of  the  House." 

Mr.  Crittenden  (Opp.)  of  Kentucky  said,  "I  will 
only  say,  sir,  that  I  have  an  innate  sort  of  confidence 
and  pride  that  the  race  to  which  we  belong  is  a  superior 
race  among  the  races  of  the  earth,  and  I  want  to  see 
that  pride  maintained.  The  Romans  thought  that  no 
people  on  the  face  of  the  earth  were  equal  to  the  citizens 
of  Rome,  and  it  made  them  the  greatest  people  in  the 
world.  .  .  .  The*  spectacle  of  such  a  diplomatic  dignitary 
in  our  country,  would,  I  apprehend,  be  offensive  to  the 
people  for  many  reasons,  and  wound  their  habitual  sense 
of  superiority  to  the  African  race."  Mr.  Gooch  closed 
the  debate.  "Why  shall  we,"  he  asked,  "in  our  inter 
course  with  the  world,  make  discriminations  in  relation 
to  color  not  recognized  by  the  other  leading  powers  of 


HAYTI    AND    LIBERIA.  183 

the  earth?  Certainly  the  fact,  that  the  great  body  of 
slaveholders  in  this  country  are  to-day  in  rebellion 
against  this  Government,  and  seeking  its  overthrow, 
because  they  •  have  not  been  able  to  control  all  its 
departments  to  promote  the  extension  and  perpetuation 
of  slavery,  does  not  make  it  obligatory  upon  us  to  do 
so."  The  first  question  was  on  the  adop'tion  of  Mr. 
Cox's  amendment.  He  called  for  the  yeas  and  nays  ; 
and  the  yeas  and  nays  were  ordered.  The  question 
was  taken  ;  and  it  was  decided  in  the  negative,  — yeas 
40,  nays  62.  Mr.  Gooch  demanded  the  previous  ques 
tion  on  the  passage  of  the  bill.  The  previous  question 
was  seconded,  and  the  main  question  ordered.  Mr. 
Cox  demanded  the  yeas  and  nays  on  the  passage  of  the 
bill ;  and  the  yeas  and  nays  were  ordered.  The  ques 
tion  was  taken ;  and  it  was  decided  in  the  affirmative, 
—  yeas  86,  nays  37.  So  the  bill  was  passed,  and 
received  the  approval  of  the  President  on  the  fifth  day 
of  June,  1862. 


184 


CHAPTER  VIII. 

EDUCATION  OF    COLORED    YOUTH   IN   THE    DISTRICT 
OF   COLUMBIA. 

MR.  GRIMES'S  BILL.  —  MR.  GRIMES'S  REPORT.  — MR.  WILSON'S  AMENDMENT. 

—  REMARKS   OF    MR.    WILSON.  —  PASSAGE    OF    THE    BILL.  —  BILL    RE 
PORTED    IN   THE   HOUSE   BY   MR.    ROLLINS.  —  PASSAGE   OF   THE    BILL.  — 

MR.  LOVEJOY'S  BILL.  —  REPORTED  BY  MR.  FESSENDEN.  —  PASSAGE  OF 
THE  BILL. —  BILL  REPORTED  IN  THE  SENATE  BY  MR.  GRIMES.  —  PAS 
SAGE  OF  THE  BILL.  —  MR.  WILSON'S  BILL.  —  REPORTED  FROM  THE 
DISTRICT  COMMITTEE.  —  REMARKS  BY  MR.  CARLILE.  —  MR.  GRIMES. — 
MR.  DAVIS.  —  MR.  MORRILL.  —  PASSAGE  OF  THE  BILL  IN  THE  SENATE. 

—  PASSAGE  IN  THE   HOUSE.  —  MR.   WILSON'S  BILL.  —  MR.   GRIMES'S 
BILL.  —  PASSAGE  IN  THE  SENATE.  —  MR.  PATTERSON'S  SUBSTITUTE.  — 
PASSAGE  OF  THE  BILL. 

THE  census  of  1860  revealed  the  fact,  that  there 
were  more  than  three  thousand  colored  youth  in 
the  District  of  Columbia.  These  children  were  not 
permitted  to  enter  the  public  schools,  and  no  public 
provision  whatever  was  made  for  their  instruction.  The 
property  of  colored  parents  was  taxed  for  the  support 
of  schools  from  which  their  own  children  were  excluded. 
The  abolition  of  slavery,  the  repeal  of  the  black  code 
and  ordinances,  in  the  District,  more  distinctly  revealed 
this  neglect  of  colored  children ,  and  this  injustice  towards 
colored  parents. 

In  the  Senate,  on  the  29th  of  April,  1862,  Mr. 
Grimes  (Rep.)  of  Iowa  introduced  a  bill  providing 
for  the  education  of  colored  children  in  the  city  of 
Washington.  On  the  presentation  of  his  bill,  Mr. 
Grimes  said,  "  In  order  that  there  may  be  no  misappre- 


EDUCATION    OF    COLORED    YOUTH,    ETC.  185 

hension  as  to  what  this  bill  seeks,  I  desire  to  say  now, 
before  it  is  referred,  that,  according  to  the  census  of 
1860,  there  are  three  thousand  one  hundred  and  seventy- 
two  colored  children  in  this  District.  The  amount  of 
real  estate  then  and  now  owned  by  colored  persons 
within  the  District  is  in  value  $650,000.  There  is 
now  levied  a  tax  upon  that  property  amounting  to 
$36,000.  The  school-tax,  as  I  understand,  is  ten  per 
centum  of  that  amount,  or  $3,600,  which  goes  to  the 
support  of  schools  which  are  devoted  exclusively  to  the 
education  of  white  children.  This  bill  simply  provides 
that  the  tax  which  is  levied  on  the  property  of  colored 
persons  shall  be  used  exclusively  in  the  education  of 
colored  children." 

The  bill  was  referred  to  the  Committee  on  the  Dis 
trict  of  Columbia ;  and,  on  the  30th,  Mr.  Grimes 
reported  it  with  amendments.  The  Senate,  on  the  8th 
of  May,  on  the  motion  of  Mr.  Grimes,  proceeded  to 
its  consideration,  and  the  amendments  of  the  committee 
were  agreed  to.  The  bill,  as  amended,  made  it  the  duty 
of  the  municipal  authorities  of  Washington  and  George 
town  to  set  apart  ten  per  cent  of  the  amount  received  from 
taxes  levied  on  the  real  and  personal  property  owned  by 
persons  of  color,  to  be  appropriated  for  the  purpose  of 
initiating  a  system  of  primary  schools  for  the  education 
of  colored  children.  The  board  of  trustees  of  public 
schools  were  to  have  sole  control  of  the  fund  arising 
from  the  tax,  as  well  as  from  contributions  by  persons 
disposed  to  aid  in  the  education  of  the  colored  race,  or 
from  any  other  source,  and  to  provide  suitable  rooms 
and  teachers  for  such  a  number  of  schools  as  in  their 
opinion  would  best  accommodate  the  colored  children. 

16* 


186  EDUCATION    OF   COLORED   YOUTH 

Mr.  Wilson  (Rep.)  of  Massachusetts  moved  to 
amend  the  bill  by  adding  as  an  additional  section,  — 

"  That  all  persons  of  color  in  the  District  of  Columbia,  or 
in  the  corporate  limits  of  the  cities  of  Washington  and 
Georgetown,  shall  be  subject  and  amenable  to  the  same 
laws  and  ordinances  to  which  free  white  persons  are  or  may 
be  subject  or  amenable  ;  that  they  shall  be  tried  for  any 
offences  against  the  laws  in  the  same  manner  as  free  white 
persons  are  or  may  be  tried  for  the  same  offences ;  and  that, 
upon  being  legally  convicted  of  any  crime  or  offence  against 
any  law  or  ordinance,  such  persons  of  color  shall  be  liable  to 
the  same  penalty  or  punishment,  and  no  other,  as  would  be  im 
posed  or  inflicted  upon  free  white  persons  for  the  same  crime 
or  offence :  and  all  acts,  or  parts  of  acts,  inconsistent  with  the 
provisions  of  this  act,  are  hereby  repealed." 

In  support  of  his  amendment,  Mr.  Wilson  said,  "We 
have  some  laws  that  everybody  admits  are  very  oppres 
sive  upon  the  colored  population  of  this  District ;  some 
of  them  old  laws  made  by  Maryland  ;  others,  ordinances 
of  the  cities  of  Washington  and  Georgetown.  As  we 
are  now  dealing  with  their  educational  interests,  I  think 
we  may  as  well  at  the  same  time  relieve  them  from  these 
oppressive  laws,  and  put  them,  so  far  as  crime  is  con 
cerned,  and  so  far  as  offences  against  the  laws  are 
concerned,  upon  the  same  footing,  and  have  them  tried 
in  the  same  manner,  and  subject  them  to  the  same  pun 
ishments,  as  the  rest  of  our  people."  The  amendment 
was  agreed  to,  the  bill  was  reported  to  the  Senate  as 
amended,  the  amendment  was  concurred  in,  and  the  bill 
ordered  to  be  engrossed.  Mr.  Saulsbury  (Dem.)  of 
Delaware  demanded  the  yeas  and  nays  on  its  passage, 
—  yeas  27,  nays  6.  There  being  no  quorum,  the  Senate 
adjourned. 


IN    THE    DISTRICT    OF    COLUMBIA.  187 

On  the  9th,  the  vote  was  taken,  and  resulted  —  yeas 
29,  nays  7.  So  the  bill  was  passed  in  the  Senate,  and 
its  title  so  amended  as  to  make  it  read,  "  A  bill  pro 
viding  for  the  education  of  colored  children  in  the  cities 
of  Washington  and  Georgetown,  in  the  District  of  Co 
lumbia,  and  for  other  purposes."  In  the  House,  on 
the  15th,  Mr.  Rollins  (Rep.)  of  New  Hampshire,  from 
the  Committee  on  the  District  of  Columbia,  reported 
back  the  bill  without  amendment,  and  demanded  the 
previous  question  on  its  passage.  It  was  ordered  ;  the 
bill  was  passed,  and  approved  by  the  President  on 
the  21st  of  May,  1862. 

In  the  House  of  Representatives,  on  the  23d  of  June, 
1862,  Mr.  Lovejoy  (Rep.)  of  Illinois  introduced  a  bill 
relating  to  schools  for  the  education  of  colored  children 
in  the  cities  of  Washington  and  Georgetown,  in  the 
District  of  Columbia ;  and  it  was  read  twice,  and  re 
ferred  to  the  District  Committee.  The  bill  provided 
that  the  duties  imposed  on  the  board  of  trustees  of  the 
public  schools  in  the  cities  of  Washington  and  George 
town,  by  the  act  providing  for  the  education  of  colored 
children  in  the  cities  of  Washington  and  Georgetown, 
approved  May  21,  1862,  be  transferred  to  Daniel 
Breed,  Sayles  J.  Bo  wen,  and  Zenas  C.  Robbins,  and 
their  successors  in  office,  who  are  created  a  board  of 
trustees  of  the  schools  for  colored  children,  and  who 
shall  possess  all  the  powers  and  perform  all  the  duties 
conferred  upon  and  required  of  the  trustees  of  public 
schools  in  the  cities  of  Washington  and  Georgetown  by 
that  act.  On  the  3d  of  July,  Mr.  Fessenden  (Rep.) 
of  Maine,  from  the  Committee  on  the  District  to 
whom  was  referred  Mr.  Lovejoy's  bill,  reported  it  back 


188  EDUCATION    OF    COLORED   YOUTH 

without  amendment,  and  it  passed  the  House.  In 
the  Senate,  Mr.  Grimes,  on  the  5th  of  July,  reported 
back  the  bill  from  the  District  Committee ;  and,  on 
his  motion,  it  was  enacted  on  the  llth  of  July, 
1862. 

In  the  Senate,  on  the  17th  of  February,  1863,  Mr. 
Wilson  (Rep.)  of  Massachusetts  introduced  a  bill  to 
incorporate  "  the  institution  for  the  education  of  colored 
youth,"  to  be  located  in  the  District  of  Columbia.  The 
objects  of  the  institution  were  to  educate  and  improve 
the  moral  and  intellectual  condition  of  such  colored 
youth  of  the  nation  as  may  be  placed  under  its  care  and 
influence.  The  bill  was  read  twice,  and  referred  to  the 
District  Committee.  Mr.  Grimes,  on  the  24th,  from 
the  Committee  on  the  District  of  Columbia,  to  whom 
the  bill  was  referred,  reported  it  without  amendment. 
On  the  27th,  the  Senate,  on  motion  of  Mr.  Grimes, 
proceeded  to  its  consideration.  "  I  should  like  to  know," 
said  Mr.  Carlile  (Dem.)  of  Virginia,  "if  these  negroes 
cannot  be  educated  without  an  act  of  incorporation." 
He  did  not  "  see  any  very  good  reason  why  the  Govern 
ment  of  the  United  States  should  enter  upon  the  scheme 
of  educating  negroes."  He  understood  "the  reason 
assigned  for  the  government  of  a  State  undertaking  the 
education  of  the  citizens  of  the  State  is  that  the  citizens 
in  this  country  are  the  governors  ;  "  but  he  presumed 
"  we  have  not  yet  reached  the  point  when  it  is  proposed 
to  elevate  to  the  condition  of  voters  the  negroes  of  the 
land."  Mr.  Grimes  in  reply  said,  "It  may  be  true,  that, 
in  that  section  of  the  country  where  the  senator  is  most 
acquainted,  the  whole  idea  of  education  proceeds  from 
the  fact,  that  the  person  who  is  to  be  educated  is  merely 


-IN   THE    DISTRICT    OF    COLUMBIA.  189 

to  be  educated  because  he  is  to  exercise  the  elective 
franchise ;  but  I  thank  God  that  I  was  raised  in  a  sec 
tion  of  the  country  where  there  are  nobler  and  loftier 
sentiments  entertained  in  regard  to  education.  We 
entertain  the  opinion,  that  all  human  beings  are  account 
able  beings.  We  believe  that  every  man  should  be 
taught,  so  that  he  may  be  able  to  read  the  law  by  which 
he  is  to  be  governed,  and  under  which  he  may  be  pun 
ished.  We  believe  that  every  accountable  being  should 
be  able  to  read  the  word  of  God,  by  which  he  should 
guide  his  steps  in  this  life,  and  shall  be  judged  in  the 
life  to  come.  We  believe  that  education  is  necessary  in 
order  to  elevate  the  human  race.  We  believe  that  it  is 
necessary  in  order  to  keep  our  jails  and  our  penitentiaries 
and  our  alms-houses  free  from  inmates.  In  my  section 
of  the  country,  we  do  not  educate  any  race  upon  any 
such  low  and  grovelling  ideas  as  those  that  seem  to  be 
entertained  by  the  senator  from  Virginia."  Mr.  Davis 
(Opp.)  of  Kentucky  thought  the  subject  might  be 
dropped.  "  I  recollect,"  he  said,  "  a  fact  in  relation  to 
the  Island  of  St.  Lucia,  one  of  the  West-India  islands. 
When  it  became  one  of  the  British  possessions,  a  great 
many  Irish  who  spoke  the  Gaelic  language  migrated 
from  the  Island  of  Erin  to  St.  Lucia.  In  the  course  of 
a  few  years,  they  possessed  themselves  of  African  slaves, 
—  slaves  from  the  continent;  and,  in  adhering  to  their 
Gaelic  language,  the  Africans  whom  they  introduced, 
and  the  young  ones  that  were  raised,  of  course  learned 
to  speak  the  Gaelic  too.  After  a  while,  some  of  their 
kinsfolk,  who  had  been  left  behind  in  the  mother  coun 
try,  visited  the  Island  of  St.  Lucia,  and  they  discovered 
all  the  negroes  there  talking  the  real  Gaelic,  the  genuine 


190  EDUCATION    OF   COLORED   YOUTH 

Irish ;  and  they  wrote  back  to  their  countrymen,  for  God's 
sake  no  more  of  them  to  come  to  St.  Lucia  ;  and,  as  they 
loved  St.  Patrick,  not  to  come  to  St.  Lucia,  because  all 
the  Irish  turned  to  be  negroes  there.  I  really  think, 
sir,  that,  if  the  subject  of  negroes  is  handled  much  longer 
in  the  Senate,  there  is  very  great  danger  of  some  sena 
tors  meeting  such  a  fate  as  was  feared  by  these  visitors 
from  Ireland  would  happen  to  their  countrymen."  Mr. 
Morrill  (Rep.)  of  Maine  thought  the  opposition  to  the 
bill,  and  the  sentiments  expressed,  were  extraordinary. 
"  The  senator  from  Virginia  puts  his  opposition  upon  the 
ground  of  a  protest  against  public  education.  Gracious 
God,  sir,  has  it  come  to  this,  that  in  the  American  Con 
gress,  and  at  this  late  day,  an  honorable  senator  shall 
rise  here,  and  enter  his  protest  against  a  measure  of 
public  popular  education?  Coming  from  the  region 
of  country  I  do,  I  confess  that  it  excites  wonder  and 
astonishment  in  my  mind.  Is  there  a  civilized  nation 
on  the  globe,  that  has  not,  within  the  last  fifty  years, 
turned  its  attention  to  the  subject  of  the  education  of  the 
people,  and  that  has  not  embarked  in  it,  and  made  it  a 
matter  of  State  concern,  if  you  please,  the  highest  State 
concern,  not  only  as  beneficial  to  the  individuals,  the 
social  compact,  but  to  the  security  of  the  State?  I 
should  like  to  know  what  sort  of  American  statesman 
ship  that  is  which  enables  a  senator  to  rise  here  in 
his  place,  and  arraign  a  measure  designed  to  educate 
the  people  :  for  that,  allow  me  to  say,  was  one  of  the 
positions  taken  by  the  senator  from  Virginia ;  and  he 
prided  himself  apparently  on  the  fact,  that,  in  the  region 
of  country  in  which  he  was  raised,  education  was  left  to 
private  enterprise.  How  well  that  great  duty  has  been 


IN    THE    DISTRICT   OF    COLUMBIA.  191 

there  performed,  I  care  not  to  say :  the  history  of  the 
country  shows.  But,  sir,  I  come  from  a  region  of 
country  the  people  of  which  prize  public  education  ;  who 
hold  public  education  as  a  great  duty,  the  first  great  duty 
of  the  State,  to  be  religiously  performed ;  and,  if  New 
England  can  boast  of  any  thing,  it  is  her  system  of 
education,  her  system  of  public  instruction,  which  gives 
to  every  child,  no  matter  whether  he  is  high  or  low 
born,  a  fair  chance  in  life,  a  fair  chance  to  succeed  in  the 
world.  That  is  her  glory ;  and  to-day,  sir,  amid  the 
menaces,  impotent  as  they  are,  that  fall  about  New 
England,  if  there  be  any  thing  which  will  enable  her  to 
put  them  at  defiance,  it  will  be  her  moral  power  on  the 
continent  by  reason  of  her  system  of  public  education. 
,  .  .  The  legislation  of  my  State  has  adopted  a  sys 
tem  of  education  which  enjoins  it  upon  the  people 
of  every  town  and  city  to  educate  every  child,  with 
out  regard  to  color  or  complexion.  The  negro,  if 
you  please,  in  that  regard,  stands  on  an  equal  footing 
with  every  other  child  in  the  State.  The  law  knows 
no  complexion  in  its  duty  of  public  education,  and 
the  system  of  public  education  throughout  New  Eng 
land  knows  no  .distinction  whatever."  Mr.  Davis's 
motion  to  postpone  the  bill  was  lost,  and  the  bill  ordered 
to  be  engrossed.  Mr.  Carlile  demanded  the  yeas  and 
nays  on  its  passage,  and  they  were  ordered  ;  and,  being 
taken,  resulted  —  yeas  29,  nays  9.  In  the  House,  on 
the  2d  of  March,  the  bill  was  taken  from  the  Speaker's 
table.  Mr.  Wilson  (Eep.)  of  Iowa  called  for  the  pre 
vious  question  :  it  was  passed,  and  approved  by  the 
President  on  the  3d  of  March,  1863. 

In  the  Senate,  May  2,  1864,  Mr.  Wilson  introduced 


192  EDUCATION    OF    COLORED    YOUTH 

a  bill  granting  one  million  acres  of  public  land  to  the 
cities  of  Washington  and  Georgetown  and  the  county 
of  Washington,  the  proceeds  to  be  used  for  the  support 
of  the  public  schools  in  proportion  to  the  number  of 
children.  The  bill  also  authorized  the  school  commis 
sioners  to  assess  a  poll-tax  of  one  dollar  on  men  of  color 
for  the  education  of  colored  children.  The  bill  was 
referred  to  the  Committee  on  Public  Lands. 

The  Senate,  on  the  18th  of  February,  1864,  on  mo 
tion  of  Mr.  Grimes,  proceeded  to  the  consideration  of 
his  bill  to  provide  for  the  public  instruction  of  youth  in 
the  primary  schools  throughout  the  county  of  Wash 
ington,  in  the  District  of  Columbia,  without  the  limits 
of  the  cities  of  Washington  and  Georgetown.  Mr. 
Grimes  suggested  that  the  Senate  consider  the  amend 
ment  reported  from  the  District  Committee  as  a  sub 
stitute.  This  amendment  established  a  public-school 
system  in  the  county  of  Washington  for  the  instruction 
of  youth.  The  eighteenth  section  authorized  the  Levy 
Court  at  its  discretion  to  levy  a  tax  of  one-eighth  of  one 
per  cent  on  all  taxable  property  owned  by  persons  of 
color,  for  the  purpose  of  initiating  a  system  of  educa 
tion  for  colored  children.  The  bill  passed  the  Senate 
without  a  division. 

In  the  House,  on  the  8th  of  June,  Mr.  Patterson 
(Rep.)  of  New  Hampshire  reported  back,  with  an 
amendment  in  the  nature  of  a  substitute,  the  Senate 
bill  to  provide  for  the  public  instruction  of  youth  in  the 
county  of  Washington.  A  professor  in  Dartmouth 
College,  familiar  with  the  public-school  systems  of  the 
Northern  States,  Mr.  Patterson  was  admirably  fitted  to 
devise  an  improved  system  of  public  instruction  for  the 


IN    THE    DISTRICT    OF    COLUMBIA.  193 

s. 

national  capital.  The  substitute  reported  by  Mr.  Pat 
terson,  with  the  unanimous  approval  of  the  District 
Committee,  provided  in  the  seventeenth  and  eighteenth 
sections,  and  in  the  proviso  to  the  nineteenth  section, 
for  separate  schools  for  colored  children  of  the  District. 
"To  accomplish  this,"  said  Mr.  Patterson,  "we  have 
provided  that  such  a  proportion  of  the  entire -school  fund 
shall  be  set  apart  for  this  purpose  as  the  number  of 
colored  children  between  the  ages  of  six  and  seventeen 
bear  to  the  whole  number  of  children  in  the  District. 
.  .  .  We  may  have  differences  of  opinion  in  regard  to 
the  proper  policy  to  be  pursued  introspect  to  slavery; 
but  we  all  concur  in  this,  that  we  have  been  brought  to 
a  juncture  in  our  national  affairs  in  which  four  millions 
of  a  degraded  race,  lying  far  below  the  average  civiliza 
tion  of  the  age,  and  depressed  by  an  almost  universal 
prejudice,  are  to  be  set  free  in  our  midst.  The  question 
now  is,  What  is  our  first  duty  in  regard  to  them?  ...  I 
think  there  can  be  no  difference  of  opinion  on  this,  that 
it  is  our  duty  to  give  to  this  people  the  means  of  educa 
tion,  that  they  may  be  prepared  for  all  the  privileges 
which  we  may  desire  to  give  them  hereafter."  Mr. 
Patterson's  substitute  was  adopted,  and  the  bill  passed 
the  House  as  amended.  The  Senate  readily  concurred 
in  the  House  amendment ;  and  the  bill  received  the 
approval  of  the  President  on  the  25th  of  June,  1864. 

By  this  beneficent  act  of  legislation,  it  is  made  the 
duty  of  the  school  commissioners  to  establish  public 
schools  for  colored  children,  to  provide  school-houses,  to 
employ  school-teachers,  and  "  to  appropriate  a  propor 
tion  of  the  school  fund,  to  be  determined  by  the  num 
bers  of  white  and  colored  children  between  the  ages  of 

11 

9 


194          EDUCATION    OF   COLORED   YOUTH,    ETC. 

six  and  seventeen  years."  Nearly  four  thousand  colored 
children  in  the  national  capital  have  by  the  enactment 
of  this  law,  in  the  public  schools,  the  same  rights  and 
privileges  as  white  children. 


195 


CHAPTER  IX. 

THE  AFRICAN  SLAVE-TKADE. 

THE  TREATY  BETWEEN  THE  UNITED  STATES  AND  GREAT  BRITAIN  FOR 
THE  SUPPRESSION  OF  THE  SLAVE-TRADE.  —  MR.  SUMNER'S  BILL,. — 
REMARKS  OF  MR.  SAULSBURY. — PASSAGE  OF  THE  BILL.  —  MR.  FOS 
TER'S  BILL. — PASSAGE  OF  THE  BILL. 

THE  American  flag  has  been  made  to  cover  for 
many  years  the  horrid  and  loathsome  traffic  in 
human  flesh.  The  African-slave  traders  have  pursued 
their  foul  and  infamous  work  of  sorrow  and  death  under 
the  protection  of  the  flag  of  this  Christian  nation. 
This  prostitution  of  the  flag  brought  reproach  and  dis 
honor  upon  the  Government  and  people  of  the  United 
States.  TO  suppress  this  traffic  in  men,  to  prevent  this 
abuse  of  the  flag  of  the  country,  a  treaty  was  made 
with  England  for  the  more  effectual  suppression  of  the 
African  slave-trade. 

On  the  12th  of  June,  1862,  Mr.  Sumner  (Rep.)  of 
Massachusetts,  from  the  Committee  on  Foreign  Rela 
tions,  to  whom  was  referred  a  message  from  the  Presi 
dent  of  the  United  States  in  relation  to  the  treaty 
between  the  United  States  and  Great  Britain  for  the 
suppression  of  the  slave-trade,  reported  a  bill  to  carry 
the  treaty  into  effect.  On  motion  of  Mr.  Sumner, 
the  Senate,  on  the  26th,  proceeded  to  the  consideration 
of  the  bill.  To  carry  into  effect  the  provisions  of  the 
treaty  between  the  United  States  and  her  Britannic 


196  THE    AFRICAN    SLAVE-TRADE. 

Majesty  for  the  suppression  of  the  African  slave-trade, 
it  was  provided  that  the  President  should  appoint,  by 
and  with  the  advice  and  consent  of  the  Senate,  a  judge 
and  also  an  arbitrator  on  the  part  of  the  United  States 
to  reside  at  New  York ;  a  judge  and  also  an  arbitrator 
to  reside  at  Sierra  Leone ;  and  a  judge  and  also  an 
arbitrator  .to  reside  at  the  Cape  of  Good  Hope.  Mr. 
Saulsbury  (Dem.)  of  Delaware  wished  to  record  his 
vote  against  the  passage  of  the  bill.  "I  do  not,"  he 
said,  "  object  to  'the  suppression  of  the  African  slave- 
trade  ;  but  I  do  not  believe  that  this  Government  has 
the  constitutional  right  to  establish  any  such  court.  I 
think  the  treaty  ought  not  to  have  been  adopted.  There 
is  no  power  under  the  Constitution  for  the  establishment 
of  such  a  court  outside  of  the  United  States."  Mr. 
Howard  (Rep.)  of  Michigan  demanded  the  yeas  and 
nays  on  the  passage  of  the  bill,  — yeas  34,  nays  4.  In 
the  House,  on  the  7th  of  July,  Mr.  Gooch  (Rep.)  of 
Massachusetts  reported  back,  from  the  Committee  on 
Foreign  Relations,  the  Senate  bill  to  carry  into  effect  the 
treaty  between  the  United  States  and  England  for 
the  suppression  of  the  African  slave-trade.  "  I  desire 
only  to  state,"  remarked  Mr.  Gooch,  "that  the  pro 
visions  of  the  treaty  are  necessary  to  carry  the  treaty 
recently  made  into  effect."  The  bill  was  pa'ssed,  and 
received  the  approval  of  the  President  on  the  llth  of 
July,  1862. 

In  the  Senate,  on  the  8th  of  July,  Mr.  Foster  (Rep.) 
of  Connecticut  introduced  a  bill  to  amend  an  act 
entitled  "An  act  to  amend  the  act  entitled  'An  act  in 
addition  to  the  acts  prohibiting  the  slave-trade  : '  "  it  was 
read  twice,  and  referred  to  the  Judiciary  Committee. 


THE    AFRICAN    SLAVE-TRADE.  197 

On  the  9th,  Mr.  Foster  reported  back  the  bill,  without 
amendment.  It  was  taken  up  for  consideration  on  the 
12th  ;  and  Mr.  Fessenden  (Rep.)  of  Maine  stated  that 
he  understood  a  division  was  to  be  called  upon  it,  and 
moved  that  it  be  laid  on  the  table.  On  the  15th,  the 
Senate,  on  motion  of  Mr.  Foster,  proceeded  to  the  con 
sideration  of  the  bill.  It  provided  that  the  President 
might  enter  into  arrangement,  by  contract  or  otherwise, 
with  one  or  more  foreign  governments  having  posses 
sions  in  the  West  Indies  or  other  tropical  regions,  or 
with  their  duly  constituted  agent  or  agents,  to  receive 
from  the  United  States,  for  a  term  not  exceeding  five 
years,  at  such  place  or  places  as  shall  be  agreed  upon, 
all  negroes,  mulattoes,  or  persons  of  color,  delivered 
from  on  board  vessels  seized  in  the  prosecution  of  the 
slave-trade  by  commanders  of  United  -  States  armed 
vessels,  and  to  provide  them  with  suitable  instruction, 
and  with  comfortable  clothing  and  shelter,  and  to 
employ  them,  at  wages  under  such  regulations  as  shall 
be  agreed  upon,  for  a  period  not  exceeding  five  years 
from  the  date  of  their  being  landed  at  the  place  or  places 
agreed  upon.  Mr.  King  (Rep.)  of  New  York  regarded 
this  as  a  sort  of  apprenticeship  system  to  which  he  was 
opposed,  and  demanded  the  previous  question  on  the 
passage  of  the  bill,  —  yeas  30,  nays  7.  In  the  House, 
on  the  16th,  the  bill  was  passed,  and  received  the 
approval  of  the  President  on  the  17th  of  July,  1862. 


17* 


198 


CHAPTER  X. 

ADDITIONAL  ACT   TO  ABOLISH   SLAVERY  IN   THE 
DISTRICT   OF  COLUMBIA. 

MR.  WILSON'S  BILL.  —  REPORTED  BACK  WITH  AMENDMENTS  BY  Ml!. 
GRIMES.  —  MR.  GRIMES'S  SPEECH.  —  MR.  WILSON'S  SPEECH.  —  COMMIT 
TEE'S  AMENDMENTS.— MR.  SUMNER'S  AMENDMENT. —  PASSAGE  OF  THE 
BILL.  —  BILL  IN  THE  HOUSE.  —  REMARKS  OF  MR.  WICKLIFFE.  —  MO 
TION  TO  LAY  ON  THE  TABLE  BY  MR.  COX.  —  REMARKS  BY  MR.  CRIS- 
FIELD.  —  PASSAGE  OF  THE  BILL. 

IN  the  Senate,  on  the  12th  of  June,  1862,  Mr.  Wil 
son  (Rep.)  of  Massachusetts  introduced  a  bill  sup 
plementary  to  the  act  for  the  release  of  certain  persons 
held  to  service  or  labor  in  the  District  of  Columbia, 
approved  April  16,  1862  ;  which  was  read  twice,  and 
referred  to  the  Committee  on  the  District  of  Columbia. 
Mr.  Grimes  (Rep.)  of  Iowa,  Chairman  of  the  District 
Committee,  reported,  on  the  24th,  the  bill  back  with 
amendments.  On  the  7th  of  July,  the  Senate,  on 
motion  of  Mr.  Grimes,  proceeded  to  its  consideration. 
Mr.  Grimes  briefly  explained  its  purpose  and  scope.  "It 
will  be  remembered,"  he  said,  "  that  when  the  President 
of  the  United  States  notified  the  Senate  of  his  approval 
of  the  act  of  the  16th  of  April  last,  emancipating  slaves 
in  this  District,  he  stated  that  he  had  some  objections  to 
it,  on  the  ground  that  the  rights  of  femes  covert,  absent 
persons,  minors,  &c.,  were  not  saved.  The  first  sec 
tion  of  this  bill  is  designed  to  cover  cases  of  that  kind ; 


ADDITIONAL   ACT   TO   ABOLISH    SLAVERY.          199 

and  it  provides  that  where  persons  were  out  of  the  coun 
try,  officers  of  the  army  or  navy,  or  idiots  or  minors, 
or  persons  who  are  laboring  under  any  disability  of  that 
kind,  they  shall  have  an  opportunity  to  come  in  and 
prove  their  claims  to  property  of  this  description  within  a 
time  limited.  The  second  section  of  the  bill,  as  the  com 
mittee  propose,  is  intended  to  cover  cases  of  this  kind. 
It  has  been  discovered  that  there  are  some  persons  who 
have  been  held  as  slaves,  whose  owners  are  in  arms 
against  the  country.  There  is  nobody  here  to  represent 
those  owners ;  and  it  is  impossible,  therefore,  for  those 
colored  persons  to  get  any  evidence  of  their  manumis 
sion  or  their  emancipation  :  and  it  is  provided,  that  if 
any  person,  having  claim  to  the  service  or  labor  of  any 
person  or  persons  in  the  District  of  Columbia  by  rea 
son  of  African  descent,  shall  neglect  or  refuse  to  file 
with  the  clerk  of  the  Circuit  Court  the  statement  or 
schedule  required  by  the  ninth  section  of  the  act  of 
April  16,  1862,  it  shall  be  lawful  for  the  person  or  per 
sons  whose  services  are  claimed  to  file  such  statement 
in  writing  or  schedule,  setting  forth  the  particular  facts 
mentioned  in  the  ninth  section  of  that  act,  and  the  clerk 
is  to  record  the  same  ;  and  the  clerk  is  then  to  prepare, 
prescribe,  and  deliver  the  certificates,  as  described  in  the 
tenth  section  of  that  act,  to  such  persons  as  shall  file 
their  statements.  I  understand  that  there  are  several 
cases  —  I  am  so  informed  by  one  of  the  commissioners 
—  where  this  description  of  persons  are  claimed  by  per 
sons  now  in  rebellion  and  beyond  our  reach.  The  next 
section  declares  that  all  persons  who  are  held  to  service 
under  the  laws  of  any  State,  and  who,  at  any  time  since 
the  16th  of  April,  have,  by  the  consent  of  the  persons 


200         ADDITIONAL   ACT   TO   ABOLISH    SLAVERY 

who  have  held  them,  been  forced  to  labor  in  this  Dis 
trict,  shall  be  free." 

The  President  stating  the  question  to  be  on  the 
amendment  of  the  committee  to  strike  out  the  second 
section  of  the  original  bill,  Mr.  Wilson  said,  "The  com 
mittee  have  inserted  two  very  excellent  sections  ;  but  they 
propose  to  strike  out  the  second  and  fourth  sections  of 
the  original  bill.  The  second  section  was  intended  to 
cover  the  cases  of  persons  who  were  held  to  service  or 
labor  in  this  District,  who  resided  here  with  their  mas 
ters,  but  who  have  been  recently  hired  out  in  the  neigh 
boring  States,  especially  the  State  of  Maryland.-  There 
are  cases  of  such  persons  whose  names  have  not  been 
returned  by  their  masters,  and  who  have  no  remedy 
unless  we  give  it  to  them.  I  presented  a  petition,  a 
short  time  ago,  in  relation  to  one  case  of  this  kind,  — 
the  petition  of  a  person  born  in  the  District,  held  here 
to  service,  who  had  always  lived  here  until  recently,  and 
was  hired  out  over  the  line  a  few  months  ago.  I  think 
the  commissioners  ought  to  construe  the  law  to  cover 
those  cases  ;  for,  in  my  judgment,  the  law  should  be 
construed  in  favor  of  personal  rights  :  but  there  is  some 
doubt  about  it,  and  hence  the  necessity  for  legislation 
on  the  subject.  I  have  talked  to  some  of  the  commis 
sioners  in  regard  to  it,  and  find  that  there  is  doubt  on 
the  question.  I  think  that  section  of  the  bill  ought  to 
stand,  notwithstanding  the  dissent  of  the  report  of  the 
committee." 

"  I  will  state,"  replied  Mr.  Grimes,  "  the  reason  why 
the  committee  recommended  the  striking-out  of  that 
section.  As  I  understand  it,  the  purport  of  that  sec 
tion  was  this  :  that  if  a  person  had  been  held  to  slavery 


IN    THE    DISTRICT   OF   COLUMBIA.  201 

in  the  District  of  Columbia  prior  to  the  emancipation 
act,  and  had  been  sent,  by  the  man  who  claimed  to  be 
his  master,  out  of  the  District  prior  to  the  passage  of 
that  act,  then,  under  the  law,  he  should  become  free. 
We  did  not  believe  we  had  that  power.  He  was  held 
as  a  slave  under  the  law  of  the  State  of  Maryland, 
to  which  he  liad  been  sent ;  and  we  did  not  suppose  we 
could  legislate  for  the  State  of  Maryland."  The  second 
section  of  the  bill  was  stricken  out  by  the  Senate. 

The  President  stated  the  question  to  be  on  concurring 
in  the  new  section  proposed  by  the  committee,  giving  to 
persons  whose  services  are  claimed  the  right  to  file  the 
papers  required  by  the  act  for  the  release  of  persons 
held  to  service  in  the  District  of  Columbia,  when  per 
sons  claiming  their  services  neglect  or  refuse  to  file  such 
papers.  The  amendment  was  amended  on  the  sugges 
tion  of  Mr.  Collamer  (Eep.)  of  Vermont,  and  the 
amendment  as  amended  was  agreed  to.  The  amend 
ment  proposed  by  the  committee,  to  strike  out  the  fourth 
section  of  the  original  bill  providing  for  the  appointment 
of  a  solicitor  of  the  commission,  was  agreed  to. 

Mr.  Sumner  (Rep.)  of  Massachusetts  offered  as  an 
additional  section,  that,  in  all  the  judicial  proceedings  in 
the  District  of  Columbia,  there  shall  be  no  exclusion  of 
any  witness  on  account  of  color.  Mr.  Powell  (Dem.) 
of  Kentucky  demanded  the  yeas  and  nays  on  that 
amendment,  —  yeas  25,  nays  11.  Mr.  Powell  de 
manded  the  yeas  and  nays  on  the  passage  of  the  bill,  — 
yeas  29,  nays  6. 

In  the  House,  the  bill  was  taken  from  the  Speaker's 
table  on  the  9th  of  July  ;  and  Mr.  Ashley  (Rep.)  of 
Ohio  stated  that  the  bill  was  supplementary  to  the  act 


202    ADDITIONAL  ACT  TO  ABOLISH  SLAVERY. 

abolishing  slavery  in  the  District,  approved  the  16th  of 
April.  Mr.  Calvert  (Opp.)  of  Maryland  desired  "to 
strike  out  the  fourth  section.  It  was  simply  interfering 
with  the  rights  of  the  slaveholders  in  the  States."  Mr. 
Wickliffe  (Opp.)  of  Kentucky  said,  "As  I  understand 
the  reading  of  the  section,  if  a  man  in  Montgomery 
County,  or  anywhere  else  in  Maryland,  sends  his  negro 
to  market  or  into  the  city  to  do  any  business  for  him, 
he  is  set  free."  Mr.  Cox  (Dem.)  of  Ohio  moved  to 
lay  the  bill  on  the  table,  and  Mr.  Calvert  demanded  the 
yeas  and  nays  :  lost, — yeas  35,  nays  67.  Mr.  Ash 
ley  moved  the  previous  question.  Mr.  Crisfield  (Dem.) 
of  Maryland  desired  to  offer  an  amendment  to  the  fourth 
section.  Mr.  Ashley  could  not  withdraw  the  demand 
for  the  previous  question.  "  Then  I  hope,"  replied 
Mr.  Crisfield,  "there  is  patriotism  enough  in  the  House 
to  vote  down  the  demand."  The  House,  by  a  large 
majority,  seconded  the  previous  question.  Mr.  Richard 
son  (Dem.)  of  Illinois  moved  an  adjournment, — yeas 
28,  nays  69.  Mr.  Pendleton  (Dem.)  of  Ohio  de 
manded  the  yeas  and  nays  on  the  passage  of  the  bill,  — 
yeas  69,  nays  36.  So  the  bill  passed  the  House,  and 
was  approved  by  the  President  on  the  12th  of  July, 
1862. 


203 


CHAPTER  XI. 

COLORED    SOLDIERS. 

MR.    WILSON'S    BILL. — MR.    GRIMES' S    AMENDMENT.  —  REMARKS    OF    MR. 
SAULSBURY.  —  MR.    CARLILE.  —  MR.    KING'S    AMENDMENT.  —  MR.    SHER- 

.  MAN'S  SPEECH.  —  MR.  FESSENDEN'S  SPEECH.  —  MR.  RICE'S  SPEECH. — 

MR.  WILSON'S  SPEECH.— MR.  DAVIS'S  AMENDMENT.  —  MR.  COLLAMER'S 
SPEECH.  —  MR.  TEN  EYCK'S  SPEECH.  —  MR.  KING'S  SPEECH.  —  MR. 

HENDERSON'S  AMENDMENT.  —  MR.  SHERMAN'S  AMENDMENT.  —  MR. 
BROWNING'S  AMENDMENT.  —  MR.  LANE'S  SPEECH.  —  MR.  HARLAN'S 

SPEECH.  —  MR.   WILSON'S    BILL.  —  REMARKS    OF    MR.   SHERMAN.  —  MR. 

LANE.  —  SPEECH  OF  MR.  HOWARD.  —  MR.  SHERMAN'S  AMENDMENT.  — 
MR.  BROWNING'S  AMENDMENT. — REMARKS  OF  MR.  HENDERSON. — MR. 
WRIGHT.  —  MR.  DOOLITTLE.  —  MR.  POWELL.  —  PASSAGE  OF  THE  BILL.  — 
MR.  STEVENS'S  AMENDMENT.  —  REMARKS  OF  MR.  CLAY.  —  MR.  BOUT- 
WELL. —  MR.  DAVIS'S  AMENDMENT.  — MR.  MALLORY'S  SPEECH.  — MR. 
WEBSTER'S  AMENDMENT.  —  MR.  SCOFIELD'S  SPEECH.  —  MR.  WOOD'S 
SPEECH.  —  MR.  WHALLEY'S  AMENDMENT.  —  MR.  STEVENS'S  AMEND 
MENT  ADOPTED.  —  CONFERENCE  COMMITTEE.  —  REPORT  ADOPTED. 

IN  the  Senate,  on  the  8th  of  July,  1862,  Mr.  Wilson 
(Rep.)  of  Massachusetts  reported,  from  the  Com 
mittee  on  Military  Affairs,  a  bill  to  amend  the  act  calling 
forth  the  militia  to  execute  the  laws  of  the  Union,  sup 
press  insurrection,  and  repel  invasion,  approved  Feb. 
28,  1795.  On  the  9th,  on  motion  of  Mr.  Wilson,  the 
Senate  proceeded  to  consider  the  bill  as  in  Committee 
of  the  Whole.  Mr.  Grimes  (Rep.)  of  Iowa  moved  to 
amend  it  by  adding  three  sections,  providing  that  there 
shall  be  no  exemption  from  military  duty  on  account 
of  color ;  that,  when  the  militia  shall  be  called  into 
service,  the  President  shall  have  full  power  and  authority 
to  organize  them  according  to  their  race  or  color.  Mr. 


204  COLORED    SOLDIERS. 

Saulsbury  (Dem.)  of  Delaware  denounced  the  attempt 
"  made  on  every  occasion  to  change  the  character  of  the 
war,  and  to  elevate  the  miserable  nigger,  not  only  to 
political  rights,  but  to  put  him  in  your  army,  and  to 
put  him  in  your  navy."  Mr.  Carlile  (Dem. )  of  Virginia 
declared  that  "the  negro  constituted  no  part  of  the  militia 
of  his  State.  I  do  not,"  he  asserted,  "  think  it  is  an  effort 
to  elevate  the  negro  to  an  equality  with  the  white  man  ; 
but  the  effect  of  such  legislation  will  be  to  degrade  the 
white  man  to  the  level  of  the  negro."  Mr.  King  (Rep.) 
of  New  York  moved  to  strike  out  the  first  two  sections 
of  Mr.  Grimes's  amendment,  and  insert  these  two  sec 
tions  :  — 

"  That  the  President  be,  and  he  is  hereby,  authorized  to  re 
ceive  into  the  service  of  the  United  States,  for  the  purpose  of 
constructing  intrenchments,  or  performing  camp  service  or  any 
-other  labor,  or  any  war  service  for  which  they  may  be  found 
competent,  persons  of  African  descent ;  and  such  persons  shall 
be  enrolled  and  organized  under  such  regulations,  not  incon 
sistent  with  the  Constitution  and  laws,  as  the  President  may 
prescribe ;  and  they  shall  be  fed,  and  paid  such  compensation 
for  their  services  as  they  may  agree  to  receive  when  enrolled. 

"  That,  when  any  man  or  boy  of  African  descent  shall  render 
any  such  service  as  is  provided  for  in  the  first  section  of  this 
act,  he,  his  mother,  and  his  wife  and  children,  shall  for  ever 
thereafter  be  free,  any  law,  usage,  or  custom  whatsoever,  to  the 
contrary  notwithstanding." 

Mr.  King  hoped  that  Mr.  Grimes  would  accept  the 
amendment.  "I  accept  it,"  replied  Mr.  Grimes,  "if  it 
is  in  my  power."  Mr.  Saulsbury  pronounced  this 
amendment  "a  wholesale  scheme  of  emancipation." 
Mr.  Sherman  (Rep.)  of  Ohio  said,  "The  question  arises, 


COLORED    SOLDIERS.  205 

whether  the  people  of  the  United  States,  struggling  for 
national  existence,  should  not  employ  these  blacks  for 
the  maintenance  of  the  Government.  The  policy  here 
tofore  pursued  by  the  officers  of  the  United  States  has 
been  to  repel  this  class  of  people  from  our  lines,  to 
refuse  their  services.  They  would  have  made  the  best 
spies  ;  and  yet  they  have  been  driven  from  our  lines."  — 
"I  tell  the  President,"  said  Mr.  Fessenden  (Rep.)  of 
Maine,  "  from  my  place  here  as  a  senator,  and  I  tell  the 
generals  of  our  army,  they  must  reverse  their  practices 
and  their  course  of  proceeding  on  this  subject.  ...  I 
advise  it  here  from  my  place, — treat  your  enemies  as 
enemies,  as  the  worst  of  enemies,  and  avail  yourselves 
like  men  of  every  power  which  God  has  placed  in  your 
hands  to  accomplish  your  purpose  within  the  rules  of 
civilized  warfare."  Mr.  Rice  (war  Dem.)  of  Minnesota 
declared  that  "  not  many  days  can  pass  before  the  people 
of  the  United  States  North  must  decide  upon  one  of  two 
questions  :  we  have  either  to  acknowledge  the  Southern 
Confederacy  as  a  free  and  independent  nation,  and  that 
speedily  ;  or  we  have  as  speedily  to  resolve  to  use  all  the 
means  given  us  by  the  Almighty  to  prosecute  this  war  to 
a  successful  termination.  The  necessity  for  action  has 
arisen.  To  hesitate  is  worse  than  criminal."  Mr.  Wilson 
said,  "The  senator  from  Delaware,  as  he  is  accustomed  to 
do,  speaks  boldly  and  decidedly  against  the  proposition. 
He  asks  if  American  soldiers  will  fight  if  we  organize 
colored  men  for  military  purposes.  Did  not  American 
soldiers  fight  at  Bunker  Hill  with  negroes  in  the  ranks, 
one  of  whom  shot  down  Major  Pitcairn  as  he  mounted 
the  works  ?  Did  not  American  soldiers  fight  at  Red 
Bank  with  a  black  regiment  from  your  own  State >  sir? 

18 


206  COLORED    SOLDIERS. 

(Mr.  Anthony  in  the  chair. )  Did  they  not  fight  on  the 
battle-field  of  Rhode  Island  with  that  black  regiment, 
one  of  the  best  and  bravest  that  ever  trod  the  soil  of 
this  continent  ?  Did  not  American  soldiers  fight  at  Fort 
Griswold  with  black  men?  Did  they  not  fight  with 
black  men  in  almost  every  battle-field  of  the  Revolution  ? 
Did  not  the  men  of  Kentucky  and  Tennessee,  standing 
on  the  lines  of  New  Orleans,  under  the  eye  of  Andrew 
Jackson,  fight  with  colored  battalions  whom  he  had 
summoned  to  the  field,  and  whom  he  thanked  publicly 
for  their  gallantry  in  hurling  back  a  British  foe?  It  is 
all  talk,  and  idle  talk,  to  say  that  the  volunteers  who 
are  fighting  the  battles  of  this  country  are  governed  by 
any  such  narrow  prejudice  or  bigotry.  These  prejudices 
are  the  results  of  the  teachings  of  demagogues  and  poli 
ticians,  who  have  for  years  undertaken  to  delude  and 
deceive  the  American  people,  and  to  demean  and  degrade 
them." 

Mr.  Grimes  had  expressed  his  views  a  few  weeks 
before,  and  desired  a  vote  separately  on  each  of  these 
sections.  Mr.  Davis  declared  that  he  was  utterly  op 
posed,  and  should  ever  be  opposed,  to  placing  arms  in 
the  hands  of  negroes,  and  putting  them  into  the  army. 
Mr.  Rice  wished  "  to  know  if  Gen.  Washington  did  not 
put  arms  into  the  hands  of  negroes,  and  if  Gen.  Jackson 
did  not,  and  if  the  senator  has  ever  condemned  either 
of  those  patriots  for  doing  so."  —  "I  deny,"  replied  Mr. 
Davis,  "that,  in  the  Revolutionary  War,  there  ever  was 
any  considerable  organization  of  negroes.  I  deny,  that, 
in  the  war  of  1812,  there  was  ever  any  organization  of 
negro  slaves.  ...  In  my  own  State,  I  have  no  doubt 
that  there  are  from  eighty  to  a  hundred  thousand  slaves 


COLORED    SOLDIERS.  207 

that  belong  to  disloyal  men.  You  propose  to  place  arms 
in  the  hands  of  the  men  and  boys,  or  such  of  them  as 
are  able  to  handle  arms,  and  to  manumit  the  whole 
mass,  men,  women,  and  children,  and  leave  them  among 
us.  Do  you  expect  us  to  give  our  sanction  and  our 
approval  to  these  things?  No,  no  !  We  would  regard 
their  authors  as  our  worst  enemies  ;  and  there  is  no  foreign 
despotism  that  could  come  to  our  rescue,  that  we  would 
not  joyously  embrace,  before  we  would  submit  to  any 
such  condition  of  things  as  that.  But,  before  we  had 
invoked  this  foreign  despotism,  we  would  arm  every 
man  and  boy  that  we  have  in  the  land,  and  we  would 
meet  you  in  a  death-struggle,  to  overthrow  together 
such  an  oppression  and  our  oppressors."  Mr.  Rice 
remarked  in  reply  to  Mr.  Davis,  "The  rebels  hesitate 
at  nothing.  There  are  no  means  that  God  or  the  Devil 
has  given  them  that  they  do  not  use.  The  honorable 
senator  said  that  the  negroes  might  be  useful  in  loading 
and  swabbing  and  firing  cannon.  If  that  be  the  case, 
may  not  some  of  them  be  useful  in  loading,  swabbing, 
and  firing  the  musket  ?  " 

The  Senate,  on  the  10th  of  July,  resumed  the  consid 
eration  of  the  bill.  Mr.  Collamer  said,  "  I  never  could 
understand,  and  do  not  now  understand,  why  the  Gov 
ernment  of  the  United  States  has  not  the  right  to  the 
use  of  every  man  in  it,  black  or  white,  for  its  defence ; 
and  every  horse,  every  particle  of  property,  every  dollar 
in  money,  of  every  man  in  it.  As  to  the  using  of  colored 
men,  that  is  entirely  a  question  of  expediency,  whether 
you  need  them,  whether  you  can  use  them  to  advantage  ; 
and  that  depends  on  so  many  contingencies,  that  I  have 
always  supposed  the  President,  the  generals,  the  men 


208  COLORED    SOLDIERS. 

who  are  managing  the  war,  actually  engineering  it  along 
if  you  please,  would  lay  their  hands  upon  and  use  all 
means  and  appliances  to  that  end  which  they  found 
necessary.  If  gentlemen  think  it  is  any  better  to  put 
it  into  a  law  that  the  President  may  do  that,  if  that  will 
help  the  matter,  I  have  no  sort  of  objection."  Mr.  Wil 
son  thought  that  "it  was  necessary."  —  "Then,"  said 
Mr.  Collamer,  "I  have  no  objection.  .  .  .  The  second 
section  of  the  amendment  provides,  that  when  any  man 
or  boy  of  African  descent,  who,  by  the  laws  of  any  State, 
owes  service  or  labor  to  any  person,  who,  during  the 
present  Rebellion,  has  borne  arms  against  the  United 
States,  or  adhered  to  their  enemies  by  giving  them  aid 
or  comfort,  shall  render  to  the  United  States  any  such 
service  as  is  provided  in  the  preceding  section,  he,  his 
mother,  and  his  wife  and  children,  shall  for  ever  there 
after  be  free,  any  law  or  usage  to  the  contrary  notwith 
standing.  I  have  a  word  to  say  about  that.  I  am 
constrained  to  say,  whether  it  is  to  the  honor  or  dishonor 
of  my  country,  that,  in  the  land  of  slavery,  no  male 
slave  has  a  child  ;  none  is  known  as  father  to  a  child ; 
no  slave  has  a  wife,  marriage  being  repudiated  in  the 
slave  system.  This  is  the  condition  of  things  ;  and, 
wonderful  as  it  may  be,  we  are  told  that  that  is  a  Chris 
tian  institution  !  "  Mr.  Ten  Eyck  (Rep. )  of  New  Jersey 
desired  to  strike  out  of  the  first  section  the  words,  "  any 
military  or  naval,"  before  "service."  —  "We  may  as 
well  meet  this  question  directly,"  said  Mr.  King,  "and 
see  whether  we  are  prepared  to  use  for  the  defence  of 
our  country  the  powers  which  God  has  given  to  it, — the 
men  who  are  willing  to  be  used  to  preserve  it."  —  "  My 
proposition  is,"  said  Mr.  Ten  Eyck,  "to  strike  out  the 


COLORED    SOLDIERS.  209 

words, f  any  military  or  naval,'  before  f  service.'  " — "  We 
have,"  said  Mr.  King,  "in  my  judgment,  nothing  to 
fear  from  our  enemies  on  account  of  the  expression  of 
our  views  on  this  point.  ...  I  have  done  talking  in  such 
a  manner  as  to  avoid  giving  offence  to  our  enemies 
in  this  matter.  I  think  it  was  the  captain  of  the  watch 
here  at  the  Capitol  who  came  and  consulted  about  getting 
permission  to  omit,  during  the  session  of  the  Senate,  to 
hoist  the  flag  on  the  top  of  the  Capitol ;  and,  when  he 
was  asked  what  he  wanted  to  omit  that  for,  he  said  he 
feared  it  might  be  supposed  that  he  desired  to  save 
labor  and  trouble,  but  he  really  suggested  it  because 
it  hurt  these  people  about  here  to  look  at  it, — to 
see  the  flag  on  the  top  of  the  Capitol.  I  had  not 
done  much  ;  but  I  wrote  a  letter  very  promptly  to  the 
Secretary  of  the  Interior,  stating  the  fact,  and  saying 
that  I  did  not  care  whom  he  appointed,  but  I  wanted 
that  man  removed.  He  was  removed,  and,  within  ten 
days,  was  with  the  enemy  at  Manassas." 

The  question  on  Mr.  Davis's  amendment  to  strike  out 
the  words,  "or  any  military  or  naval  service  for  which 
they  may  be  found  competent,"  was  taken  by  yeas  and 
nays,  —  yeas  11,  nays  27.  Mr.  Henderson  moved  to 
amend  the  section  by  inserting  the  word  "free,"  before 
"persons,"  in  the  sixth  line,  and  also  by  adding  after 
"descent,"  in  the  same  line,  the  words,  "and  also  such 
persons  of  African  descent  as  may  owe  service  or  labor 
to  persons  engaged  in  the  Rebellion."  Mr.  Henderson's 
amendment  was  lost,  —  yeas  13,  nays  22.  Mr.  Sauls- 
bury  moved  the  indefinite  postponement  of  the  bill,  — 
yeas  9,  nays  27.  Mr.  Henderson  moved  to  add  at  the 
end  of  the  first  section,  "Provided  that  all  loyal  persons 

18* 


210  COLORED    SOLDIERS. 

entitled  to  the  service  or  labor  of  persons  employed  under 
the  provisions  of  this  act  shall  be  compensated  for  the 
loss  of  such  service."  Mr.  Hale  would  like  to  amend 
that  by  inserting  the  words,  "by  the  laws  of  the  State 
in  which  they  reside."  Mr.  Henderson  accepted  the 
amendment.  Mr.  Powell  demanded  the  yeas  and  nays, 
—  yeas  20,  nays  17.  The  first  section,  as  amended,  was 
agreed  to.  The  President  stated  the  question  to  be  on 
the  second  section  of  the  amendment  of  the  senator  from 
Iowa,  "  That  when  any  man  or  boy  of  African  descent 
shall  render  any  such  service  as  is  provided  for  in  the 
first  section  of  this  act,  he,  his  mother,  and  his  wife 
and  children,  shall  for  ever  thereafter  be  free,  any  law, 
usage,  or  custom  whatsoever,  to  the  contrary  notwith 
standing."  Mr.  Sherman  moved  to  amend  it  by  adding, 
"  who,  during  the  present  Rebellion,  has  levied  war  or 
borne  arms  against  the  United  States,  or  adhered  to 
their  enemies  by  giving  them  aid  and  comfort."  Mr. 
Sherman  said,  "  When  we  take  the  slave  of  a  loyal  man, 
and  make  him  work  for  us,  I  do  not  for  that  reason 
wish  to  deprive  the  master  entirely  of  what  he  regards 
as  his  property,  or  what  is  regarded  by  local  law  as  his 
property."  — "  When  we  take  a  slave,"  replied  Mr. 
King,  "  to  serve  the  country  in  this  emergency,  my  own 
opinion  is,  that  he  should  be  made  free,  whether  he 
belongs  to  a  rebel  or  not."  The  secretary  read  the 
amendment  to  the  amendment,  to  insert  after  the  word 
"descent,"  in  the  second  line,  the  words,  "who  by  the 
laws  of  any  State  shall  owe  service  or  labor  to  any 
person,  who,  during  the  present  Rebellion,  has  levied 
war  or  borne  arms  against  the  United  States,  or  adhered 
to  their  enemies  by  giving  them  aid  and  comfort."  The 


COLORED    SOLDIERS.  211 

question,  being  taken  by  yeas  and  nays,  resulted  —  yeas, 
22,  nays  16.  So  the  amendment  to  the  amendment 
was  agreed  to. 

Mr.  Browning  (Rep.)  of  Illinois  said,  "I  wish  to 
move  another  amendment  to  that  section  in  the  seventh 
line,  by  striking  out  the  words,  "his  mother,  and  his 
wife  and  children."  Mr.  Lane  (Rep.)  of  Kansas 
asked  Mr.  Browning,  "What  would  freedom  be  worth  to 
you,  if  your  mother,  your  wife,  and  your  children,  were- 
slaves  ?  "  Mr.  Browning  replied,  that  "  it  would  detract 
very  greatly  from  the  value  of  life  with  me,  if  it  did 
not  totally  destroy  it,  to  have  my  mother,  my  wife  and 
children,  in  a  state  of  hopeless  bondage.  I  am  no  more 
the  friend  or  advocate  of  slavery  than  the  senator  from 
Kansas,  —  not  a  bit  more."  On  the  llth  of  July, 
the  yeas  and  nays  were  taken  on  Mr.  Browning's 
amendment,  —  yeas  17,  nays  21.  Mr.  Harlan  of  Iowa 
addressed  the  Senate  in  a  very  elaborate  and  exhaustive 
speech  in  favor  of  the  bill.  "  If  I  read,"  he  said,  "  the 
signs  of  the  times  correctly,  this  has  become  a  necessity. 
We  cannot,  if  we  persist  in  our  folly,  thwart  the  ulti 
mate  purposes  of  the  Almighty.  By  his  providential 
interposition,  he  has  thrown  open  the  door  for  the  liber 
ation  of  a  nation  of  bondmen ;  he  has  removed  the 
constitutional  impediment ;  he  has  caused  their  assist 
ance  to  be  necessary  for  the  perpetuity  of  the  Union  and 
the  integrity  of  the  nation.  If  we  accept  of  this  high 
destiny,  all  the  nations  of  earth  combined  against  us 
would  be  as  flax  in  the  flames  ;  but  if  we  are  not  equal  to 
the  demands  of  the  age,  and  obstinately  refuse  to  follow 
the  plain  intimations  of  Providence,  this  great  work  will 
be  handed  over  to  other  nations,  or  will  be  wrought  out 


212  COLORED    SOLDIERS. 

by  the  rebels  themselves,  and  our  nation  will  become 
permanently  divided."  Mr.  Harlan  remarked,  that  Mr. 
Davis  had  predicted,  when  the  bill  for  the  abolition  of 
slavery  was  pending,  that  the  slaughters  of  St.  Domingo 
would  be  re-enacted  if  the  bill  passed. . .  .  .,  If  senators 
will  open  their  eyes,  and  look  at  these  people,  they  will 
discover  that  they  are  no  longer  savages,  but,  in  a  com 
parative  point  of  view,  highly  civilized.  They  provide 
for  their  own  wants  ;  they  provide  their  own  food  and 
clothing  and  shelter,  and  for  the  education  of  their  own 
children,  for  the  support  of  their  own  churches  and 
schools,  and  bury  their  own  dead ;  and,  during  the 
seven  years  of  my  service  at  the  capital  of  the  nation,  I 
have  never  seen  a  negro  beggar,  —  not  one.  I  have 
seen  white  beggars ;  I  have  seen  white  boys  and  girls 
begging  for  a  penny  of  each  passer-by  at  the  crossings  ; 
I  have  seen  stalwart  men  and  women,  of  almost  every 
nationality,  begging  in  your  streets  and  thoroughfares  : 
but  never  yet  have  I  seen  a  negro  beggar  in  the  streets 
of  the  capital  of  the  nation."  Mr.  Davis  followed  in 
opposition  to  the  bill;  and,  on  motion  of  Mr.  Wilson, 
it  was  further  postponed. 

On  the  12th  of  July,  Mr.  Wilson,  from'  the  Com 
mittee  on  Military  Affairs  and  the  Militia,  reported  a 
new  bill  to  amend  the  "Act  calling  forth  the  militia  to 
execute  the  laws  of  the  Union,  suppress  insurrections, 
and  repel  invasions,"  approved  Feb.  28,  1795,  and  the 
acts  amendatory  thereof,  and  for  other  purposes  ;  which 
was  read  twice  by  its  title,  and  ordered  to  be  printed. 
On  the  14th  of  July,  on  motion  of  Mr.  Wilson,  the  bill 
was  taken  up  and  considered  as  in  Committee  of  the 
Whole.  The  bill  proposed  to  authorize  the  President 


COLORED    SOLDIERS.  213 

to  receive  into  the  service  of  the  United  States,  for  the 
purpose  of  constructing  intrenchments,  or  performing 
camp  service,  or  any  other  labor  or  any  military  or 
naval  service  for  which  they  may  be  found  competent, 
persons  of  African  descent ;  and  such  persons  are  to  be 
enrolled  and  organized  under  such  regulations,  not 
inconsistent  with  the  Constitution  and  laws,  as  the 
President  may  prescribe,  and  are  to  be  fed  and  clothed 
and  paid  such  compensation  for  their  services  as  they 
may  agree  to  receive  when  enrolled.  When  any  man 
or  boy  of  African  descent  shall  render  any  such  service, 
he,  his  mother,  and  his  wife  and  children,  are  for  ever 
thereafter  to  be  free,  any  law,  usage,  or  custom  to  the 
contrary  notwithstanding.  All  persons  who  have  been 
or  shall  be  hereafter  enrolled  in  the  service  of  the  United 
States  under  the  act  are  to  receive  the  pay  and  rations 
now  allowed  by  law  to  soldiers,  according  to  their 
respective  grades ;  except  that  persons  of  African  de 
scent  who  shall  be  employed  are  to  receive  ten  dollars 
per  month,  and  one  ration.  "I  think,  by  an  inadver 
tence,"  said  Mr.  Sherman  ("  for  the  senator  from  Massa 
chusetts  would  not  have  done  it  otherwise) ,  he  has  left 
out  a  very*  important  clause  in  the  thirteenth  section, 
which  was  adopted  by  a  deliberate  vote  of  the  Senate. 
I  will  therefore  renew  it.  It  is  in  section  thirteen,  line 
two,  after  the  words  ' African  descent,'  to  insert  the 
words,  'who  by  the  laws  of  a  State  owes  service  or 
labor  to  any  person,  who,  during  the  present  Eebellion, 
has  waged  war  against  the  United  States,  or  has  aided 
or  assisted  said  Rebellion.' "  Mr.  Lane  of  Kansas  said 
he  must  demand  the  yeas  and  nays  on  that  amendment. 
Mr.  Sherman  wanted  the  Senate  to  understand,  that  by 


214  COLORED    SOLDIERS. 

a  deliberate  vote,  and  by  a  considerable  majority,  the 
Senate  determined  that  it  would  not  apply  the  emanci 
pation  clause  of  the  bill  to  any  but  the  slaves  of  rebels. 
"By  the  section  as  it  now  stands,  if  any  slaVe  is 
employed  to  wheel  a  barrow  of  earth  in  making  an 
intrenchment,  or  cutting  down  a  tree,  if  he  was  the 
slave  of  the  most  loyal  man  in  this  country,  he  would 
thereby  be  made  free."  —  "I  am  perfectly  willing," 
replied  Mr.  Lane  of  Kansas,  "to  provide  in  the  bill  for 
remunerating  the  loyal  master;  but  the  idea  in  this 
amendment  is  to  remand  a  man  back  to  slavery,  either 
to  a  loyal  or  a  disloyal  master,  after  he  has  fought  in 
defence  of  his  country  !  " 

On  the  15th,  the  Senate  resumed  the  consideration  of 
the  bill;  the  pending  question  being  Mr.  Sherman's 
amendment  to  restrict  the  emancipation  clause  to  the 
slaves  of  rebels.  "  Slave-masters,"  said  Mr.  Pomeroy, 
"  have  no  loyalty  to  brag  of.  I  do  not  propose  to  give 
'ihem  a  bond  in  advance,  and  pledge  the  Government, 
that,  if  we  use  one  of  their  slaves,  we  shall  pay  for  him." 
Mr.  Howard  opposed  Mr.  Sherman's  amendment.  "  I 
confess,"  he  said,  "that  I  am  entirely  opposed  to  the 
incorporation  of  the  amendment  of  the  senator  from 
Ohio,  in  whatever  form  it  may  assume,  into  the  bill.  I 
cannot  bear  the  idea  ;  and  it  seems  to  me,  that,  if  I  were 
a  slaveholder,  I  could  not  bear  the  idea  of  employing  or 
suffering  my  slaves  to  be  employed  in  defending  me  and 
my  rights  as  a  loyal  man,  taking  arms  in  their  hands, 
and  going  with  me  into  the  face  of  the  battle,  and  risk 
ing  their  lives  to  defend  my  life  and  my  family  and  my 
rights  under  my  government,  and  afterwards  reducing 
those  poor  creatures  to  slavery.  I  should  regard  it  as 


COLORED    SOLDIERS.  215 

a  burning  and  eternal  shame.  I  never  could  do  it. 
I  do  not  care  how  lowly,  how  humble,  how  degraded 
a  negro  may  be,  if  he  takes  his  musket,  or  any  other 
implement  of  war,  and  risks  his  life  to  defend  me,  my 
countrymen,  my  family,  my  government,  my  property, 
my  liberties,  my  rights,  against  any  foe,  foreign  or 
domestic,  it  is  my  duty  under  God,  it  is  my  duty  as  a 
man,  as  a  lover  of  justice,  to  see  to  it  that  he  shall  be 
free."  —  "I  do  not,"  said  Mr.  Harlan,  "remember  a 
single  example  since  civilization  commenced,  when  slaves 
have  been  mustered  into  the  armed  service  of  a  country, 
and  again  attempted  to  be  returned  to  slavery."  The 
question  being  taken  on  Mr.  Sherman's  amendment,  by 
yeas  and  nays,  resulted  —  yeas  18,  nays  17.  Mr. 
Browning  moved  to  strike  out  the  words,  "his  mother, 
and  his  wife  and  children."  Mr.  Harris  supported  the 
amendment ;  believing  it  an  impracticable  thing,  that 
could  not  be  carried  into  effect,  to  free  the  wives  and 
children  of  slaves  used  in  the  military  service.  The 
question  was  taken  by  yeas  and  nays,  on  Mr.  Browning's 
amendment, — yeas  17,  nays  20:  so  the  amendment 
was  rejected.  Mr.  Browning  moved  to  amend  the 
thirteenth  section  by  adding  to  it,  "that  the  mother, 
wife,  and  children  of  such  man  or  boy  of  African 
descent  shall  not  be  made  free  by  the  operation  of  this 
act,  except  where  such  mother,  wife,  or  children  owe 
service  or  labor  to  some  person,  who,  during  the  present 
Rebellion,  has  adhered  to  their  enemies  by  giving  them 
aid  and  comfort."  Mr.  Henderson  earnestly  supported 
the  amendment,  as  just  to  loyal  slaveholders.  The 
question,  being  taken  by  yeas  and  nays,  resulted  — 
yeas  21,  nays  16.  Mr.  Wright  desired  "to  see  every 


216  COLORED    SOLDIERS. 

thing  on  God's  earth  taken  by  our  generals  that  will 
assist  in  the  prosecution  of  the  war.  A  general  in  the 
army,  who  will  not  employ  every  negro  that  comes 
within  his  lines  to  work,  to  labor,  should  be  turned  out 
instantly."  —  "The  Revolution,"  said  Mr.  Doolittle, 
"and  the  seven -years'  war  with  Great  Britain,  was  the 
first  parturition  of  America.  During  that  long  period 
of  throes  and  pains  and  agony  and  blood,  she  gave  her 
first-born  birth,  —  liberty,  ay,  liberty ;  but  it  was  liberty 
for  the  white  man,  and  not  liberty  for  the  black.  Now 
again,  in  God's  own  time,  and  in  a  way  that  man  knows 
not  of,  America  is  in  the  agonies  of  her  second  child 
birth,  praying  to  be  delivered.  In  some  way  no  human 
being  can  foresee,  this  war,  forced  upon  the  country  by 
the  madness  and  fanaticism  of  the  South,  will,  as  all 
hearts  believe,  never  end  until  slavery  is  put  in  the  pro 
cess  of  final  extinction  ;  until  liberty  for  the  black  man , 
the  second  offspring  of  America,  shall  be  born."  —  "I 
am  as  confident,"  said  Mr.  Powell,  "as  that  I  live  and 
speak  to  the  Senate  of  the  United  States  to-day,  that  the 
policy  of  arming  slaves,  which  has  been  adopted  in  one 
bill  that  has  passed  both  Houses  of  Congress,  and  is 
proposed  in  the  bill  now  under  consideration,  is  the 
most  disastrous  measure  for  the  integrity  of  this  Union 
that  has  been  or  can  be  before  this  Congress."  The  bill 
was  ordered  to  be  engrossed  for  a  third  reading,  and 
was  read  the  third  time.  On  its  passage,  Mr.  Sauls- 
bury  called  for  the  yeas  and  nays,  and  they  were 
ordered;  and,  being  taken,  resulted  —  yeas  28,  nays  9 
—  as  follows  :  — 

YEAS. — Messrs.  Anthony,   Browning,    Chandler,    Clark,    Cowan, 
Doolittle,   Fessemlen,  Foot,  Foster,  Hale,  Harlan,   Harris,  Howard, 


COLORED   SOLDIERS.  217 

Howe,  King,  Lane  of  Indiana,  Lane  of  Kansas,  Morrill,  Pomeroy, 
Rice,  Sherman,  Simmons,  Stimner,  Ten  Eyck,  Wade,  Wilkinson, 
Wilson  of  Massachusetts,  and  Wright,  —  28. 

NAYS.  — Messrs.  Bayard,  Carlile,  Davis,  Kennedy,  Powell,  Sauls- 
bury,  Stark,  Willey,  and  Wilson  of  Missouri,  —  9. 

So  the  bill  was  passed  by  the  Senate. 

In  the  House,  on  the  16th  of  July,  the  bill  was  taken 
up;  and  Mr.  Stevens  (Rep.)  of  Pennsylvania  demanded 
the  previous  question  on  its  passage,  and  it  was  ordered. 
Mr.  Holman  (Dem.)  of  Indiana  moved  to  lay  it  on 
the  table.  Mr.  Allen  (Dem.)  of  Illinois  demanded  the 
yeas  and  nays,  —  yeas  30,  nays  77.  The  bill  was  then 
passed,  and  received  the  approval  of  the  President  on 
the  17th  of  July,  1862. 

On  the  10th  of  February,  1864,  in  the  House  of 
Representatives,  Mr.  Stevens  (Rep.)  of  Pennsylvania 
moved  to  amend  the  Enrolment  Act  by  striking  out  the 
twenty-seventh  section,  and  inserting,  in  substance,  "that 
all  able-bodied  male  persons  of  African  descent  between 
the  ages  of  twenty  and  forty-five,  whether  citizens  or  not, 
shall  be  enrolled  and  made  a  part  of  the  national  forces  ; 
and,  when  enrolled  and  drafted  into  the  service,  his 
master  shall  be  entitled  to  receive  three  hundred  dollars, 
and  the  drafted  man  shall  be  free."  Mr.  Boyd  (Union) 
of  Missouri  suggested  that  Mr.  Stevens  hiodify  his 
amendment,  so  as  to  pay  only  loyal  masters  ;  and  it  was 
so  modified.  Mr.  Clay  (Union)  of  Kentucky  opposed 
the  amendment.  Mr.  Boutwell  (Rep.)  of  Massachusetts 
moved  to  strike  out  "three  hundred  dollars,"  and  insert 
"twenty-five  dollars."  "I  desire,"  said  Mr.  Boutwell, 
w  to  say,  in  reply  to  the  gentleman  from  Kentucky,  that 
we  have  reached  that  emergency  when  men  in  the  Border 

19 


218  COLORED   SOLDIERS. 

States  should  understand,  at  least  so  far  as  I  am  con 
cerned,  that  slaves  as  inhabitants  of  the  country  are  to 
be  used  as  other  men  are  used  to  put  down  this  Rebel- 
lion.  No  constitution  or  law  of  any  State  shall  stand 
between  me  and  what  I  believe  to  be  my  duty  to  my 
country."  Mr.  Morris  (Rep.)  of  New  York  and  Mr. 
Creswell  (Union)  of  Maryland  advocated  Mr.'Stevens's 
amendment.  Mr.  Smithers  (Rep.)  of  Delaware  said 
the  people  of  that  State  had  no  scruples  in  relation  to 
using  colored  soldiers.  Mr.  Davis  (Rep.)  of  Mary 
land  moved  to  strike  out  the  proposed  compensation  to 
the  masters  of  drafted  slaves.  The  slaves  "  owe  duty  to 
the  Government ;  and,  if  they  do,  we  owe  the  masters 
nothing  for  taking  them."  Mr.  Mallory  (Dem.)  of 
Kentucky  said  that  "  property  is  held  in  slaves.  I  do 
not  mean  that  the  person  of  the  slave  is  property,  and 
can  be  used  as  property  ;  that  he  can  be  killed,  and  eaten 
like  a  hog  ;  but  that  men  own  property  in  the  labor  and 
service  of  slaves  in  this  country.  The  amendment  of 
the  gentleman  from  Maryland  ignores  this  right,  violates 
it  in  a  plain,  distinct,  and  palpable  manner,  and  is  con 
trary  to  the  Constitution  of  the  United  States." 

On  the  llth,  the  House  resumed  the  consideration 
of  the  Enrolment  Bill;  the  pending  question  being 
Mr.  Davis'fe  amendment  to  Mr.  Stevens's  amendment. 
Mr.  Stevens  accepted  the  amendment.  Mr.  Davis  then 
moved  to  amend  by  adding,  that  "  the  Secretary  of  War 
shall  appoint  a  commission  in  each  of  the  slave  States 
represented  in  Congress,  charged  to  award  a  just  com 
pensation  to  each  loyal  owner  of  any  slave  who  may 
volunteer  into  the  service,  payable  out  of  the  commuta 
tion  money."  Mr.  Anderson  (Union)  of  Kentucky  was 


COLORED    SOLDIERS.  219 

"  in  favor  of  taking  the  slaves  of  rebels  in  Kentucky, 
and  of  rebel  sympathizers."  Mr.  Davis's  amendment  to 
the  amendment  was  agreed  to.  Mr.  Webster  (Union) 
of  Maryland  moved  to  so  amend  Mr.  Stevens's  amend 
ment  as  "to  put  the  drafted  man  on  the  same  footing  with 
the  volunteer  slave."  —  "We  do  not,"  said  Mr.  Kelley 
(Rep.)  of  Pennsylvania,  "give  the  Northern  father 
compensation  for  his  minor  son  who  is  drafted ;  we  do 
not  give  the  Northern  wife  compensation  for  the  husband 
whose  labor  was  her  support,  if  he  be  drafted ;  we  do 
not  give  the  Northern  orphan  child  compensation  for 
having  withdrawn  the  father  whose  labor  was  its  sup 
port  ;  we  do  not  give  compensation  to  the  poor  wife 
and  child  of  a  poor  man  of  Maryland  or  Kentucky  when 
the  draft  designates  her  husband  or  its  father  :  and  I 
cannot  see  that  the  relation  of  this  slave-owner  to  his 
slave  is  one  whit  more  sacred  than  that  of  the  father  to 
his  son,  the  wife  to  her  husband,  or  the  child  to  its 
parent." — "I  deny,"  said  Mr.  Harris  (Dem.)  of  Mary 
land,  "that  you  have  a  right  to  enlist  or  enroll  a  slave." 
Mr.  Kasson  (Rep.)  of  Iowa  would  vote  to  give  com 
pensation  in  the  case  of  slaves  volunteering :  he  was 
against  giving  compensation  in  case  of  drafted  slaves. 
Mr.  Baldwin  (Rep.)  of  Massachusetts  moved  to  amend 
the  amendment  by  striking  out  the  words,  "owner  of  any 
slave,"  and  inserting,  "the  person  to  whom  the  colored 
volunteer  may  owe  service ; "  and  the  amendment  to  the 
amendment  was  adopted.  Mr.  Broomall  (Rep.)  of  Penn 
sylvania  moved  that  the  section  shall  not  apply  to  any 
district  if  the  representative  expressly  ask  that  the  slaves 
be  exempt  from  draft,  letting  it  "fall  the  more  heavily 
upon  the  white  man.  He  was  opposed  to  it ;  but  he 


220  COLORED   SOLDIERS. 

wanted  a  test-vote  on  this  proposition.  "I  have  never 
found,"  he  declared,  "the  most  snaky  constituent  of 
mine,  who,  when  he  was  drafted,  refused  to  let  the 
blackest  negro  in  the  district  go  as  a  substitute  for  him." 
Mr.  BroomalTs  amendment  was  rejected.  Mr.  Webster 
moved  to  amend,  so  that  the  bounty  now  paid  to  the 
drafted  man  shall  be  paid  to  the  person  to4whom  any 
drafted  man  may  owe  any  service  or  labor,  —  ayes  67, 
nays  44.  Mr.  Clay  was  opposed  to  sending  a  recruiting 
officer  into  Kentucky  :  "  It  will  create  a  civil  war' among 
us."  Mr.  Scofield  (Rep.)  of  Pennsylvania  said,  "There 
were  two  conditions  of  slavery,  —  non-instruction  to  the 
slave ;  non-discussion  by  the  white  man.  These  are 
acknowledged  to  be  the  two  safeguards  of  slavery  by  the 
statutes  of  almost  every  slave  State  where  ignorance  is 
commanded  to  the  slave,  and  silence  to  the  white  man. 
.  .  .  Slavery  is  surrounded  by  a  cordon  of  missionary 
schools  for  the  black  man.  In  those  schools,  the  slaves 
of  all  ages  are  taught  not  only  what  can  be  learned  from 
books  and  charts,  but  also  that  they  are,  and  of  right 
ought  to  be,  free, — made  so  by  the  laws  of  God  and  the 
President's  proclamation  ;  and  that  it  is  a  duty  they  owe 
to  God  and  the  President  to  maintain  that  freedom. 
When  God  shall  please  again  to  bless  the  land  with 
peace,  shall  the  negro  lay  aside  his  military  belt,  and 
resume  the  master's  collar  ?  If  the  country  would  allow 
it,  the  master  would  not.  He  would  as  soon  introduce 
to  his  plantation  a  person  charged  with  some  fatal  in 
fection  as  his  former  slave,  filled  with  antislavery  ideas 
and  military  skill.  He  might  court  his  industry,  but 
not  his  demoralized  will.  But  the  other  safeguard  of 
slavery — the  silence  of  the  white  man — is  broken  also. 


COLORED    SOLDIERS.  221 

Discussion  has  opened  in  all  the  Border  States,  and  can 
never  again  be  hushed." 

Mr.  Fernando  Wood  (Dem.)  of  New  York  desired 
"to  call  attention  to  the  fact,  that,  while  we  are  dis 
cussing  a  measure  clearly  and  palpably  in  violation 
of  the  Constitution,  the  Confederate  House  of  Repre 
sentatives  »is  discussing  measures  of  peace,  re-union,  and 
conciliation."  Mr.  Cox  proposed  to  send  Mr.  Wood 
to  Richmond  to  negotiate  a  peace  based  upon  the  old 
Union.  Mr.  Harding  moved  to  amend  the  proposed 
amendment  by  adding,  "  that  the  provisions  of  this  sec 
tion  in  regard  to  slaves  shall  not  apply  to  the  State  of 
Kentucky."  Mr.  Higby  (Rep.)  of  California  thought 
"  the  Government  might  go  into  every  district,  and  take 
men  to  fill  up  the  Union  armies,  no  matter  what  the 
color  of  their  skin."  Mr.  King  (Dem.)  of  Missouri 
moved  to  amend,  so  that  no  slave  could  be  recruited  or 
drafted  in  any  State  which  has  passed  an  ordinance  of 
emancipation.  Mr.  Davis,  in  reply  to  Mr.  Harris, 
said,  "  The  gentleman  spoke  of  robbery.  Sir,  the  ad 
vocates  of  slavery  should  seek  some  other  term  of 
reproach.  Its  origin  was  in  robbery ;  and,  if  time  and 
law  have  sanctioned  it,  they  have  not  obliterated  its  his 


toric  origin. 


Mr.  WThalley  (Union)  of  West  Virginia  moved  to 
amend  by  adding,  that  the  troops  of  African  descent 
shall  be  organized  into  companies  and  regiments  of 
their  own  color,  and  shall  be  commanded  by  white 
officers.  Mr.  Boutwell  moved  to  strike  out  the  words, 
"shall  be  commanded  by  white  officers."  He  said,  "It 
is  an  imputation  on  the  white  people  of  the  country  to 
say,  that,  in  a  fair  contest,  they  are  not  able  to  main- 

19* 


222  COLORED    SOLDIERS. 

tain,  socially,  intellectually,  and  morally,  the  ascendency. 
...  If,  with  the  ascendency  which  twenty-five  million 
white  people  have  in  a  struggle  with  four  million  of  an 
oppressed  and  degraded  race,  we  are  not  able  to  maintain 
the  ascendency,  then,  I  say,  surrender.  I  believe  we 
are  able  to  maintain  that  ascendency ;  but  whatever 
positions  these  people  show  themselves  capable  of  hold- 
ng,  with  honor  to  themselves,  and  advantage  to  the 
country,  never  shall  my  vote  restrain  them  from  obtain 
ing."  Mr.  Boutwell  withdrew  his  amendment,  and 
Mr.  Whalley's  .amendment  was  rejected.  Mr.  Eollins 
(Union)  of  Missouri  moved  to  amend  so  that  slaves 
who  have  enlisted  shall  be  placed  on  the  same  footing 
as  those  that  shall  hereafter  enlist,  —  ayes  52,  nays  51. 
Mr.  Harrington  moved  to  insert  the  word  "  white " 
before  the  word  "  volunteers ; "  and  it  was  rejected. 
Mr.  Stevens's  amendment  as  amended  was  adopted. 
By  its  provisions,  colored  men,  whether  free  or  slave, 
were  to  be  enrolled  and  considered  part  of  the  national 
forces.  The  masters  of  slaves  were  to  receive  the 
hundred-dollar  bounty  to  each  drafted  man  on  freeing 
their  slaves. 

The  Enrolment  Bill  was  referred  to  a  Conference 
Committee,  consisting  of  Mr.  Wilson  of  Massachusetts, 
Mr.  Nesmith  of  Oregon,  and  Mr.  Grimes  of  Iowa,  on 
the  part  of  the  Senate ;  and  Mr.  Schenck  of  Ohio,  Mr. 
Doming  of  Connecticut,  and  Mr.  Kernan  of  New  York, 
on  the  part  of  the  House.  In  the  Conference  Commit 
tee,  Mr.  Wilson  stated  that  he  never  could  assent  to 
the  amendment,  unless  the  drafted  slaves  were  made 
free  on  being  mustered  into  the  service  of  the  United 
States.  Mr.  Grimes  sustained  that  position ;  and  the 


COLORED    SOLDIERS.  223 

House  committee  assented  to  it.  The  House  amend 
ment  was  then  modified  so  as  to  read,  "  That  all  able- 
bodied  male  colored  persons  between  the  ages  of  twenty 
and  forty-five  years,  whether  citizens  or  not,  resident  in 
the  United  States,  shall  be  enrolled  according  to  the 
provisions  of  this  act,  and  of  the  act  to  which  this  is 
an  amendment,  and  form  part  of  the  national  forces ; 
and,  when  a  slave  of  a  loyal  master  shall  be  drafted  and 
mustered  into  the  service  of  the  United  States,  his 
master  shall  have  a  certificate  thereof;  and  thereupon 
such  slave  shall  be  free ;  and  the  bounty  of  a  hundred 
dollars,  now  payable  by  law  for  each  drafted  man,  shall 
be  paid  to  the  person  to  whom  such  drafted  person  was 
owing  service  or  labor  at  the  time  of  his  muster  into 
the  service  of  the  United  States.  The  Secretary  of 
War  shall  appoint  a  commission  in  each  of  the  slave 
States  represented  in  Congress,  charged  to  award,  to 
each  loyal  person  to  whom  a  colored  volunteer  may  owe 
service,  a  just  compensation,  not  exceeding  three  hun 
dred  dollars,  for  each  such  colored  volunteer,  payable 
out  of  the  fund  derived  from  commutation  ;  and  every 
such  colored  volunteer,  on  being  mustered  into  the  ser 
vice,  shall  be  free." 

The  report  of  the  Conference  Committee  was  agreed 
to ;  and  it  was  enacted  that  every  slave,  whether  a 
drafted  man  or  a  volunteer,  shall  be  free  on  being  mus 
tered  into  the  military  service  of  the  United  States, 
not  by  the  act  of  the  master,  but  by  the  authority  of 
the  Federal  Government. 


224 


CHAPTER  XII. 

AID  TO  THE  STATES  TO  EMANCIPATE  THEIR  SLAVES. 

MR.  WILSON'S  JOINT  RESOLUTION.  —  HOUSE  COMMITTEE  ON  EMANCIPATION. 
—  MR.  WHITE'S  BILL. —  MR.  WILSON'S  RESOLUTION.  —  MR.  HENDERSON'S 
BILL.  —  MR.  NOELL'S  BILL.  —  MR.  WHITE'S  REPORT.  —  REMARKS  OF  MR. 

CLEMENTS.  —  MR.  WICKLIFFE.  —  MR.  NOELL.  —  PASSAGE  OF  THE  BILL.  — 

HOUSE  BILL  REPORTED  BY  MR.  TRUMBULL.  —  REMARKS  OF  MR.  HENDER 
SON. —  MR.  WILSON'S  AMENDMENT.  —  REMARKS  OF  MR.  FESSENDEN. — 
MR.  TRUMBULL.  —  MR.  FOSTER.  —  MR.  WILSON.  —  MR.  SHERMAN.  —  MR. 
COWAN.  —  MR.  BAYARD. —  MR.  CLARK. — MR.  LANE  OF  KANSAS.  —  MR. 
MORRILL.  —  MR.  WILSON'S  AMENDMENT.  —  MR.  GRIMES'S  SPEECH.  — 
MR  KENNEDY'S  SPEECH. — MR.  HARRIS'S  REPORT.  —  MR.  WILSON  OF 
MISSOURI.  —  MR.  WALL'S  SPEECH. — MR.  RICHARDSON'S  AMENDMENT. — 
MR.  COLLAMER'S  AMENDMENT.  —  MR.  SUMNER'S  AMENDMENT.  —  RE 
MARKS  OF  MR.  POWELL.  —  MR.  SUMNER'S  AMENDMENT.  —  MR.  SUMNER'S 
SPEECH.  —  PASSAGE  OF  THE  BILL  AS  AMENDED.  —  MR.  WHITE'S  REPORT 
IN  THE  HOUSE. — BILL  REFERRED  TO  COMMITTEE  OF  THE  WHOLE. 

IN  the  Senate,  on  the  7th  of  March,  1862;  Mr.  Wilson 
(Rep.)  of  Massachusetts  asked  leave  to  introduce 
a  joint  resolution  to  grant  aid  to  the  States  of  Maryland 
and  Delaware  to  emancipate  certain  persons  held  to 
service  or  labor.  It  provided,  that  in  case  the  States 
of  Maryland  and  Delaware,  within  two  years,  shall  enact 
that  all  persons  held  to  service  within  those  States  shall 
be  discharged  from  all  claim  to  such  service,  and  that 
neither  slavery  nor  involuntary  servitude  shall  thereafter 
exist  in  those  States,  the  President  may  issue  and  de 
liver  to  those  States  the  bonds  of  the  United  States, 
payable  in  twenty-five  years,  to  an  amount  equal  to 
two  hundred  and  fifty  dollars  for  each  person  so  dis- 


AID   TO   THE    STATES   TO   EMANCIPATE.  225 

charged  and  freed  from  service  or  labor.  Mr.  Saulsbury 
objected,  and  the  resolution  was  not  acted  upon. 

On  the  10th,  the  Vice-President  stated,  th'at,  "  on  Fri 
day,  the  senator  from  Massachusetts  (Mr.  Wilson)  sent 
to  the  chair  a  joint  resolution,  and  it  was  objected  to  by 
the  senator  from  Delaware  (Mr.  Saulsbury) .  It  being 
a  joint  resolution,  the  objection  of  the  senator  from 
Delaware  precluded  its  reception.  It  is  now  in  order 
for  the  senator  to  renew  it,  if  he  chooses  so  to  do."  Mr. 
Wilson  asked  leave  to  introduce  his  joint  resolution  to 
grant  aid  to  the  States  of  Maryland  and  Delaware  to 
emancipate  their  slaves.  "I  intend,"  said  Mr.  Sauls- 
bury,  "  to  object  to  the  proposition  in  every  stage,  and 
fight  it  at  every  stage  :  I  shall  make  all  objections  at  all 
stages  that  I  have  a  right  to  make."  Mr.  Wilson  said 
he  did  not  understand  that  it  required  unanimous  con 
sent,  as  he  had  given  notice  more  than  a  wreek  ago. 
The  Vice-President  stated  that  "  the  senator  from  Mas 
sachusetts  did  on  Friday  send  to  the  chair  the  joint 
resolution,  and  the  title  was  read.  The  chair  rules  that 
that  was  notice  ;  and  therefore  the  senator  is  entitled  to 
ask  leave  to  introduce  his  resolution  to-day,  under  the 
notice  already  given."  Leave  was  granted  to  Mr.  Wil 
son  to  introduce  his  joint  resolution ;  and  it  was  read, 
and  passed  to  a  second  reading. 

In  the  House,  on  the  7th  of  April,  1862,  Mr.  White 
(Rep.)  of  Indiana  introduced  a  resolution  for  the  ap 
pointment  of  a  select  committee  of  nine  members  —  the 
chairman  and  a  majority  €>f  whom  shall  be  members 
from  the  States  of  Delaware,  Maryland,  Virginia,  Ken 
tucky,  Tennessee,  and  Missouri  —  to  inquire  and  report 
whether  any  plan  can  be  prepared  and  recommended  for 


226  AID   TO    THE    STATES 

the  gradual  emancipation  of  all  the  African  slaves  and 
the  extinction  of  slavery  in  those  States  by  the  people 
or  local  authorities.  Mr.  Roscoe  Conkling  (Rep.)  of 
New  York  suggested  the  modification  of  the  resolution, 
so  as  not  to  restrict  the  chair  in  the  appointment  of  the 
committee  ;  and  Mr.  White  so  modified  his  resolution. 
Mr.  Mallory  (Dem.)  of  Kentucky  denounced  the  reso 
lution  as  "  an  unconstitutional  absurdity,"  and  moved 
that  it  be  laid  on  the  table.  Mr.  Cox  (Dem.)  of  Ohio 
demanded  the  yeas  and  nays  on  Mr.  Mallory's  motion, 
and  they  were  taken,  —  yeas  51,  nays  68.  Mr.  Val- 
landigham  called  for  the  yeas  and  nays  on  the  passage 
of  the  resolution,  —  yeas  67,  nays  52:  so  the  resolu 
tion  was  passed.  On  the  14th  of  April,  the  Speaker 
announced  as  the  select  committee  on  the  subject  of 
gradual  emancipation  in  the  slaveholding  States,  — 
Messrs.  Albert  S.  White  of  Indiana,  Francis  P.  Blair 
of  Missouri,  George  P.  Fisher  of  Delaware,  William  E. 
Lehman  of  Pennsylvania,  C.  L.  L.  Leary  of  Maryland, 
K.  V.  Whaley  of  Virginia,  James  F.  Wilson  of  Iowa, 
Samuel  L.  Casey  of  Kentucky,  and  Andrew  J.  Clements 
of  Tennessee. 

On  the  16th  of  July,  Mr.  White,  from  the  Select 
Committee  on  Emancipation,  reported  a  bill  granting 
the  aid  of  the  United  States  to  certain  States,  upon  the 
adoption  by  them  of  a  system  of  emancipation,  and  to 
provide  for  the  colonization  of  free  negroes,  accompa 
nied  by  a  report.  The  bill  provided,  that  whenever 
the  President  shall  be  satisfied  that  any  one  of  the 
States  of  Delaware,  Maryland,  Virginia,  Kentucky, 
Tennessee,  or  Missouri,  shall  have  emancipated  the 
slaves  therein,  it  shall  be  the  duty  of  the  President 


TO   EMANCIPATE    THEIR    SLAVES.  227 

to  deliver  to  such  State  an  amount  of  bonds  of  the 
United  States,  payable  at  thirty  years,  equal  to  the 
aggregate  value  of  all  slaves  within  such  State  at 
the  rate  of  three  hundred  dollars  for  each  slave, — 
the  whole  amount  for  any  one  State  to  be  deliv 
ered  at  once  if  the  emancipation  shall  be  immediate, 
or  in  ratable  instalments  if  it  shall  be  gradual ;  that 
no  State  shall  make  any  compensation  to  the  owner 
of  any  slave  who  shall  be  proved  to  have  willingly 
engaged  in  or  in  any  manner  aided  the  present  Rebel- 
lion.  Mr.  White,  by  unanimous  consent,  explained  the 
action  of  the  committee.  "I  will  only  add,"  he  said, 
"  that  this  measure  has  passed  the  committee  with  great 
unanimity  ;  the  slight  dissent  of  any  member  being  more 
to  detail  than  to  principle.  It  is  addressed,  not  to  the 
politician  of  an  hour,  but  to  historic  men,  conscious  of 
the  peril  of  their  country,  who  know  that  great  sacrifices 
must  be  made  to  save  it,  and  look  upon  this  as  the  most 
hopeful,  as  it  will  be  the  noblest,  in  its  results."  The 
bill  was  ordered  to  be  printed,  and  referred  to  the  Com 
mittee  of  the  Whole  on  the  State  of  the  Union. 

In  the  Senate,  on  the  8th  of  December,  1862,  Mr. 
Wilson  of  Massachusetts  introduced  a  resolution,  in 
structing  the  Committee  on  Military  Affairs  to  consider 
the  expediency  of  providing  by  law  for  more  effectually 
suppressing  the  Rebellion  and  securing  domestic  tran 
quillity  in  the  State  of  Missouri.  On  the  19th,  Mr. 
Henderson  (Union)  of  Missouri  introduced  a  bill  grant 
ing  aid  to  that  State  to  emancipate  the  slaves  therein ; 
which  was  referred  to  the  Judiciary  Committee. 

In  the  House,  on  the  loth,  Mr.  Noell  (Union)  of 
Missouri  introduced  a  bill  to  secure  the  abolishment 


228  AID   TO    THE    STATES 

of  slavery  in  the  State  of  Missouri,  and  to  provide 
compensation  to  loyal  persons  therein  who  own  slaves  ; 
which  was  referred  to  the  Select  Committee  on  Eman 
cipation.  On  the  22d,  Mr.  "White,  chairman  of  the 
committee,  asked  the  consent  of  the  House  to  report 
Mr.  NoelPs  bill  relative  to  the  abolishment  of  slavery  in 
Missouri,  with  a  view  to  having  it  printed  and  recom 
mitted.  Mr.  Vallandigham  (Dem.)  of  Ohio  objecting, 
Mr.  White  moved  the  suspension  of  the  rules,  —  yeas 
77,  nays  36.  Mr.  Noell,  on  the  6th  of  January,  1863, 
reported  back  from  the  select  committee,  without  amend 
ment,  his  bill  giving  aid  to  Missouri,  for  the  purpose  of 
securing  the  abolishment  of  slavery  therein.  Mr.  Val 
landigham  raised  a  point  of  order  on  the  reception  of  the 
bill,  which  the  Speaker  overruled.  The  bill  provided 
that  the  Government  of  the  United  States  will,  upon  the 
passage  by  the  State  of  Missouri  of  a  good  and  valid 
act  of  emancipation  of  all  the  slaves  therein,  and  to  be 
irrepealable  unless  by  the  consent  of  the  United  States, 
apply  the  sum  of  ten  million  dollars  in  United-States 
bonds,  redeemable  in  thirty  years  from  their  date. 

Mr.  Clements  (Union)  of  Tennessee  did  intend  to 
make  a  minority  report,  but  was  not  aware  the  bill  was 
to  be  reported :  hence  he  desired  to  make  an  explana 
tion.  He  was  in  favor  of  a  general  act  to  aid  emanci 
pation  in  the  Border  slave  States ;  but  he  thought  the 
bill  alone,  by  itself,  "  to  be  of  a  sectional  character," 
and  "for  that  reason  I  oppose  it."  —  "I  have  seen  it 
stated,"  said  Mr.  Wickliffe  (Opp.)  of  Kentucky,  "in 
the  public  prints,  that,  before  the  issuing  of  the  Presi 
dent's  proclamation,  he  received  information  from  in 
telligent,  unconditional  Union  men  of  Kentucky,  which 


TO    EMANCIPATE    THEIR    SLAVES.  229 

satisfied  him  that  there  was  a  great  change  in  public 
sentiment  among  the  people  of  Kentucky,  and  especially 
in  the  Union  party,  in  favor  of  these  miserable  abolition 
schemes.  I  feel  it  my  duty  and  my  privilege  to  state 
on  this  floor,  in  the  face  of  Heaven,  in  the  presence  of 
the  Congress  of  the  United  States,  and  in  the  hearing 
of  the  nation,  that  there  is  not  one  in  every  three  hun 
dred  men  in  Kentucky  who  is  in  favor  of  such  a  meas 
ure,  or  of  the  proclamation."  The  result  of  a  measure 
for  the  emancipation  of  slaves  in  the  Border  States,  by 
the  aid  of  the  national  treasury,  "  would,  in  my  judg 
ment,"  said  Mr.  Clements,  "deserve  the  thanks  of  all 
mankind;  as  it  would,  I  believe,  relieve  our  country, 
in  time,  of  one  of  the  greatest  evils  that  disturb  our 
national  quietude."  Mr.  Noell  advocated  his  bill  as  a 
just,  wise,  and  beneficent  measure.  "  I  am  aware,"  he 
said,  "  that  some  of  the  public  men  in  my  own  State 
believe  that  that  sum  is  not  large  enough.  I  differ 
from  them  in  opinion  on  that  point.  ...  I  believe  that 
ten  million  dollars  will  be  amply  sufficient  to  pay  for 
every  slave  of  loyal  owners  at  the  rate  of  three  hun 
dred  dollars  each."  Mr.  Noell  demanded  the  previous 
question.  Mr.  Price  (Dem.)  of  Missouri  asked  Mr. 
Noell  to  withdraw  it,  to  allow  him  to  offer  an  amend 
ment.  Mr.  Noell  declared,  if  the  amendment  was  to 
increase  the  amount  named  in  the  bill,  he  could  not 
admit  it.  Mr.  Price  avowed  that  it  did  increase  the 
amount.  Mr.  Holman  (Dem.)  of  Indiana  moved  to 
lay  the  bill  on  the  table,  and  demanded  the  yeas  and 
nays.  They  were  ordered, — yeas  42,  nays  73.  The 
question  being  on  the  passage  of  the  bill,  it  was  decided 
in  the  affirmative, — yeas  73,  nays  46. 

20 


230  AID    TO    THE    STATES 

In  the  Senate,  on  the  14th  of  January,  Mr.  Trum- 
bull  reported  back  from  the  Judiciary  Committee  Mr. 
Henderson's  bill,  with  a  recommendation  that  it  be 
indefinitely  postponed  ;  and  the  Senate  concurred  in  the 
recommendation  of  the  committee.  Mr.  Trumbull  re 
ported  back  from  the  committee  Mr.  Noell's  House  bill, 
with  an  amendment.  On  the  16th,  on  motion  of  Mr. 
Henderson,  the  Senate  proceeded  to  the  consideration 
of  the  House  bill  giving  aid  to  Missouri  for  the  abolish 
ment  of  slavery  ;  the  question  pending  being  upon  the 
amendment  reported  by  the  Committee  on  the  Judiciary 
to  strike  out  all  after  the  enacting  clause  of  the  bill,  and 
insert,  "That  whenever  satisfactory  evidence  shall  be 
presented  to  the  President  of  the  United  States  that  the 
State  of  Missouri,  has  adopted  a  law,  ordinance,  or  other 
provision,  for  the  gradual  or  immediate  emancipation  of 
all  the  slaves  therein,  and  the  exclusion  of  slavery  for 
ever  thereafter  from  said  State,  it  shall  be  his  duty  to 
prepare,  and  deliver  to  the  Governor  of  said  State,  as 
hereinafter  provided,  to  be  used  by  said  State  to  com 
pensate  for  the  inconveniences  produced  by  such  change 
of  system,  bonds  of  the  United  States  to  the  amount  of 
twenty  million  dollars,  the  same  to  bear  interest  at 
the  rate  of  five  per  cent  per  annum,  and  payable  thirty 
years  after  the  date  thereof."  Mr.  Henderson  said  this 
bill  was  substantially  the  one  he  introduced.  "The 
decree  had  gone  forth,  that  slavery  must  be  destroyed. 
It  is  needless  to  argue  that  Missouri  is  beyond  the  limits 
of  this  decree.  It  is  not  beyond  the  influence  of  your 
past  legislation,  nor  is  it  beyond  the  influence  of  events 
far  more  powerful  than  acts  of  legislation.  ...  It  is  the 
best  possible  economy  for  the  Government.  If,  in  any 


TO    EMANCIPATE    THEIR    SLAVES.  231 

manner,  Missouri  is  held  responsible  for  this  state  of 
tilings,  she  now  presents  her  regrets.  If  it  be  charged 
that  her  admission  into  the  Union  gave  origin  to  this 
unfortunate  feud,  she  may  at  least  claim  the  honor  of 
fidelity  to  her  pledge  in  the  darkest  hour  of  the  nation's 
existence.  If  it  be  said  that  slavery  is  the  cause  of  this 
Rebellion,  she  answers  by  placing  slavery  upon  the 
altar  of  the  country."  On  the  30th  of  January,  the 
bill,  on  motion  of  Mr.  Trumbull,  was  considered. 
"To  carry  out  the  pledge,"  said  Mr.  Sherman  (Rep.) 
of  Ohio,  "we  made  one  year  ago,  I  am  willing  to  vote 
ten  million  dollars  in  bonds  of  the  United  States  to 
the  State  of  Missouri.  I  will  not  vote  for  any  more." 
—  "We  cannot,"  replied  Mr.  Henderson,  "emancipate 
in  the  State  of  Missouri,  under  our  Constitution,  with 
out  paying  the  owners  v  for  their  property.  If  we 
undertake  to  liberate  at  all,  we  are  bound  to  pay." 
Mr.  Wilson  (Dem.)  of  Missouri  gave  notice  that  he 
should  move  to  increase  the  amount.  "I  am  ready," 
said  Mr.  Wilson  of  Massachusetts,  "to  give  my  vote  to 
tax  the  toiling  men  of  my  State  —  to  tax  the  farmers,  the 
mechanics,  the  merchants,  the  fishermen  on  the  coasts 
of  New  England  —  to  blot  slavery  out  of  the  State. 
Yes,  sir :  I  am  ready  to  tax  my  own  barren  New  Eng 
land  so  as  to  more  effectually  crush  out  this  Rebellion, 
give  domestic  tranquillity,  increase  of  population  and  of 
wealth,  to  that  great  Empire  State  of  the  West.  I  shall 
vote  the  money  of  Massachusetts  with  all  my  heart  for 
emancipation  in  Missouri ;  but,  sir,  it  must  be  emanci 
pation  now  or  within  a  few  years.  I  care  far  less  for  the 
money  than  for  the  time.  I  am  for  making  it  a  free 
State  with  free  influences  in  my  day  and  generation." 


232  AID   TO    THE    STATES 

Mr.  Wilson  moved  to  amend  the  amendment  proposed 
by  the  committee  by  inserting  in  lieu  of  it,  "  that  when 
ever  satisfactory  evidence  shall  be  presented  to  the  Pre 
sident  of  the  United  States  that  either  of  the  States  of 
Missouri,  Maryland,  Delaware,  or  West  Virginia,  has 
adopted  a  law,  ordinance,  or  other  provision,  for  the 
emancipation  of  all  the  slaves  therein,  and  for  the  exclu 
sion  of  slavery  for  ever  thereafter  from  such  State,  it 
shall  be  his  duty  to  prepare,  and  deliver  to  the  Gover 
nor  of  such  State  as  shall  so  provide, — to  the  Governor 
of  Missouri  eighteen  million  dollars,  to  the  Governor  of 
Maryland  eighteen  million  dollars,  to  the  Governor 
of  Delaware  three  hundred  thousand  dollars,  and  to 
the  Governor  of  West  Virginia  one  million  five  hundred 
thousand  dollars,  —  bonds  of  the  United  States,  bearing 
interest  at  the  rate  of  five  per  cent  per  annum,  and  pay 
able  thirty  years  after  the  date  thereof."  Mr.  Fessenden 
(Rep.)  of  Maine  said,  "I  confess  that  I  am  somewhat 
surprised  at  the  change  that  has  been  made  by  the  Com 
mittee  on  the  Judiciary  in  the  bill  passed  by  the  House 
of  Representatives.  I  rose,  sir,  to  suggest  that  the  bill 
before  us  is  better  than  the  proposed  substitute,  because 
it  is  satisfactory  to  the  House  of  Representatives,  satis 
factory  to  the  representative  from  the  State  of  Missouri 
who  introduced  and  advocated  it ;  is  less  in  amount, 
—  proposing  to  appropriate  only  half  as  much,  and 
yet,  in  my  judgment,  a  sufficient  amount." 

Mr.  Henderson  made  an  earnest  and  eloquent  appeal 
for  prompt  action.  "  Now  is  the  moment,"  he  asserted  ; 
"  now  is  the  accepted  time.  If  ever  you  intend  to  do 
any  thing  to  carry  out  your  pledges  that  you  are  opposed 
to  the  institution  of  slavery,  now  is  that  time."  Mr. 


TO    EMANCIPATE    THEIR    SLAVES.  233 

Trunibull  explained  the  bill,  and  defended  the  action  of 
the  committee.  "This  bill,"  he  said,  "proposes  that 
slavery  shall  cease  once  and  for  ever  after  thirteen  years. 
That  is  the  object  of  it.  The  object  of  it  is  to  insure 
freedom,  and  not  perpetuate  slavery.  I  would  be  glad 
if  the  shackles  could  fall  from  every  slave,  not  only  in 
Missouri,  but  throughout  the  United  States  and  the 
world,  to-day  ;  but,  sir,  I  cannot  accomplish  it."  Mr. 
Foster  (Rep.)  of  Connecticut  made  an  able  and  effec 
tive  speech  in  favor  of  the  substitute  of  the  committee. 
He  said,  "  In  my  opinion,  Mr.  President,  no  more 
grave  question  can  be  raised  in  this  body.  I  think  the 
decision  of  that  question  affects  directly,  more  directly 
than  any  other  question  before  us,  the  existence  and  per 
petuity  of  the  Government  of  the  United  States  ;  I  will 
add,  than  any  other  question  which  in  the  ordinary  course 
of  legislation  can  be  brought  before  us.  I  will  not  say 
that  the  existence  and  perpetuity  of  the  Union  depend 
upon  the  manner  in  which  that  question  may  be  decided  ; 
but  I  will  say,  that  if  it  be  decided  to  make  this  State  a 
free  State,  and  we  actually  make  it  a  free  State,  we  do 
more  to  perpetuate  the  existence  of  the  Republic  than 
we  can  do  in  any  other  one  way."  Mr.  Wilson  of 
Massachusetts,  in  response  to  Mr.  Henderson,  said,  "I 
assure  the  senator  from  Missouri,  to  whose  earnest  tones 
I  have  listened  to-day  with  unmixed  pleasure,  whose 
devotion  to  the  country  we  all  so  fully  applaud,  that  I 
am  ready  to  vote  any  reasonable  sum  from  the  treasury 
of  the  nation  to  make  Missouri  free,  — free  now,  when 
freedom  will  bring  to  her  law,  order,  and  tranquillity. 
I  admit  that  it  is  important  to  take  the  first  step  ;  and 
if  this  were  a  proposition  to  aid  a  State  situated  like 

20* 


234  AID    TO    THE    STATES 

Kentucky  or  Tennessee,  then  I  should  regard  the  first 
step  as  every  thing  gained  :  but  for  a  great  State  like 
Missouri,  with  so  few  slaves,  a  State  that  has  such 
mighty  interests  to  become  free  at  once,  the  proposition 
is  one  that  we  ought  not  to  entertain  ;  and  I  hope  it  will 
be  voted  down  by  the  Senate  of  the  United  States.  Let 
us  stamp  upon  her  now  war-desolated  fields  the  words, 
'Immediate  emancipation,'  and  these  blighted  fields  will 
bloom  again,  and  law  and  order  and  peace  will  again 
bless  the  dwellings  of  her  people."  —  "I  want  to  say," 
remarked  Mr.  Pomeroy  (Rep.)  of  Kansas,  "that  I 
think  Missouri  is  destined  to  become  a  free  State  at 
any  rate.  You  cannot  keep  slavery  in  Missouri  thirteen 
years  without  a  standing  army." 

On  the  30th  of  January,  the  Senate,  as  in  Committee 
of  the  Whole,  resumed  the  consideration  of  the  bill. 
"I  believe,"  said  Mr.  Sherman,  "that  the  condition  of 
slavery  as  a  fixed  and  permanent  relation  in  Missouri 
tends  to  keep  up  civil  war  in  the  State ;  and  that,  the 
very  moment  she  enters  upon  the  path  of  gradual  eman 
cipation,  all  her  sympathies  and  all  her  interests  will  be 
opposed  to  the  present  Rebellion,  and  in  favor  of  the 
preservation  of  the  Union.  It  is  to  accomplish  this 
purpose,  to  create  a  spirit  in  the  State  of  Missouri  in 
favor  of  the  perpetuity  of  the  Union,  that  I  am  willing 
to  vote  the  money  of  the  people  of  Ohio  to  aid  in  this 
object.  That  can  be  accomplished  better  by  gradual 
emancipation  than  by  immediate  emancipation."-  "I 
should  like  to  ask  the  senator  from  Ohio,"  said  Mr. 
Cowan  (Rep.)  of  Pennsylvania,  "if  a  scheme  of  grad 
ual  emancipation  be  adopted,  where  would  be  the  neces 
sity  for  an  appropriation  at  all  ?  I  understand  that  the 


TO    EMANCIPATE    THEIR   SLAVES.  235 

usual  mode  by  which  that  is  effected  is  by  declaring 
the  children,  born  after  a  certain  time  fixed,  free."  — 
"The  right  to  the  increase  of  slaves  is  now,"  replied 
Mr.  Sherman,  "under  the  local  law,  a  property  right, 
and  that  is  estimated  at  a  certain  proportion  of  the 
value  of  the  slaves.  I  should  be  willing  to  contribute 
from  the  treasury  of  the  United  States  to  the  State  of 
Missouri  the  value  of  that  property  right,  according  to 
their  local  law."  —  "The  right,"  said  Mr.  Cowan,  "re 
mains  in  the  State  perfect  over  the  condition  of  the 
children  yet  unborn."  Mr.  Wilson  of  Massachusetts, 
in  reply  to  Mr.  Sherman,  said,  "  The  senator  from 
Ohio  speaks  with  much  feeling  of  the  extreme  views 
of  some  of  us  who  desire,  in  contributing  of  the  public 
money  to  make  Missouri  a  free  State,  to  give  the 
priceless  boon  of  personal  freedom  to  her  hundred 
thousand  bondmen.  The  senator  earnestly  deprecates 
such  radicalism  as  cares  for  the  rights  and  interests  of 
the  slave.  He  announces  that  he  is  willing  to  tax  the 
people  of  America  to  pay  for  children  not  yet  born ; 
no,  not  yet  begotten.  I  am  not.  The  senator  talks  of 
our  extreme  views,  of  our  radicalism  ;  while  he  accepts 
the  abhorrent  dogma,  that  slave-masters  have  a  right  to 
the  unborn,  unbegotten  issue  of  their  slaves,  —  a  right  he 
is  willing  to  tax  the  people  of  Ohio  to  pay.  I,  sir,  give 
no  such  vote.  I  will  never  consent  to  tax  the  people  of 
Massachusetts  to  pay  for  unborn  children  twenty-two 
years  hence."  Mr.  Henderson  said,  that,  if  a  bill  offer 
ing  ten  million  dollars  and  immediate  emancipation  were 
passed,  "I  for  one,  though  I  as  earnestly  desire  emanci 
pation  as  any  man  in  Missouri,  will  ask  the  Legislature 
of  that  State  not  to  accept  it.  That  is  plain  and  honest. 


236  AID    TO    THE    STATES 

In  that  event,  I  shall  ask  the  Legislature  of  the  State 
of  Missouri,  however,  to  adopt  a  gradual  system  of 
emancipation  upon  their  own  hook."  —  "I  would  not," 
said  Mr.  Bayard  (Dem.)  of  Delaware,  "throw  a  straw 
in  the  road  of  the  people  of  Missouri,  if  it  is  the  will  of 
the  people  of  that  State  to  abolish  slavery  within  its 
limits,  either  now  or  at  a  future  day ;  but  I  am  unable 
to  find  in  the  Constitution  of  the  United  States  any 
authority  for  Congress  interfering  with  that  institution, 
or  making  an  appropriation  to  aid  any  State  for  the  pur 
pose  of  emancipation." 

Mr.  Henderson  said,  "  I  now  move  in  line  twenty- 
one  to  strike  out  f seventy-six,'  and  insert  'eighty-five,' 
so  as  to  read,  'some  day  not  later  than  the  fourth 
day  of  July,  1885.'"  — "That  will  allow,"  remarked 
Mr.  Howard  (Rep.)  of  Michigan,  "to  the  State  of 
Missouri  the  period  of  twenty-two  years  within  which 
to  bring  about  emancipation.  It  seems  to  me  that 
that  is  an  unnecessarily  long  period.  1876  will  be  a 
great  epoch  in  the  history  of  this  nation,  as  I  trust, 
if  the  people  are  true  to  themselves,  true  to  their 
own  interests,  true  to  that  tutelary  Constitution  under 
which  we  have  lived  and  prospered  for  eighty  long  years 
past.  I  shall  expect,  if  I  shall  have  the  good  fortune  to 
survive  until  that  day,  to  see  the  Constitution  in  its 
vigor  and  purity  restored,  and  the  Union  restored,  and 
to  see  not  one  foot  of  slave  soil  within  the  territorial 
limits  of  the  United  States.  I  hope,  sir,  to  live  to  see 
that  day.  I  expect  to  live  to  see  that  day ;  and  I  want, 
when  that  great  day  shall  arrive,  to  have  the  pleasure 
of  joining  in  its  festivities,  and  listening  to  the  roar  of 
its  cannon,  and  to  the  joyous  shouts  of  the  people  of  the 


TO    EMANCIPATE    THEIR    SLAVES.  237 

whole  United  States,  that  not  only  Missouri,  but  every 
other  slaveholding  State,  is  that  day,  at  least,  free, 
redeemed,  emancipated  from  the  pestilence."  —  "I  am 
opposed,"  said  Mr.  Clark  (Rep.)  of  New  Hampshire, 
"to  the  amendment  of  the  senator  from  Missouri.  I 
am,  with  the  senator  from  Michigan,  willing  to  keep  in 
good  faith  the  resolution  adopted  by  the  Senate  and 
House  of  Representatives  at  the  last  session.  I  am 
willing  to  aid  any  State  in  the  gradual  emancipation 
or  in  the  immediate  emancipation  of  its  slaves ;  but 
I  am  not  willing  that  we  should  bear,  as  the  senator 
from  Missouri  intimates  we  should,  the  whole  of  this 
burden."  Mr.  Henderson  said,  "  I  hope  that  the 
amendment  I  propose  will  be  adopted.  There  are 
some  senators  here,  like  the  senator  from  Ohio  (Mr. 
Sherman) ,  who  insist  that  emancipation  must  be  grad 
ual  in  my  State.  He  cannot  vote  for  any  proposition 
of  emancipation  unless  it  is  gradual.  He  does  not  want 
any  immediate  emancipation.  The  senator  from  Massa 
chusetts  (Mr.  Wilson) ,  with  the  very  same  integrity  of 
purpose,  with  the  same  desire  to  accomplish  the  purpose, 
says  he  must  have  it  immediate  ;  and  so  says  the  senator 
from  New  Hampshire.  If  the  bill  is  to  fall  between  the 
contrariety  of  opinion  that  I  find  here,  let  it  fall  at 
once."  Mr.  Clark  replied,  that  he  was  willing  to  give 
more  to  have  it  immediate,  but  was  willing  to  give  ten 
millions  for  gradual  emancipation.  He  would  propose 
an  amendment  giving  fifteen  million  dollars  for  imme 
diate  emancipation,  or  ten  million  dollars  for  emanci 
pation  on  the  4th  of  July,  1876."  —  "I  should,"  said 
Mr.  Lane  (Rep.)  of  Kansas,  "like  to  ask  the  senator 
from  New  Hampshire,  if  in  time  of  peace  the  question 


-    . 

238  AID   TO   THE    STATES 

was  asked  him,  '  How  much  money  will  the  people  of 
New  Hampshire  give  to  extend  the  area  of  freedom  over 
sixty-five  thousand  square  miles  of  this  country  ? '  what 
his  answer  would  be.  I  think  I  know  the  people  of 
New  Hampshire  well  enough  to  know  that  the  answer 
would  be,  'It  is  not  to  be  estimated  by  dollars  and 
cents.'"  —  "In  requiring,"  said  Mr.  Wilson,  "that  a 
practical  measure  that  shall  secure  the  object  intended 
shall  be  adopted,  I  have  no  fear  of  being  accused  of 
illiberality  or  of  want  of  fidelity  to  the  cause  of  the 
slave.  I  have  a  record,  sir,  of  twenty- seven  years; 
and  no  vote  of  mine  during  those  years,  for  men  or 
for  measures  or  for  principles,  has  been  in  support  of 
slavery."  Mr.  Foster  would  stand  by  the  amendment 
of  the  committee.  "  The  only  difference  of  opinion  is 
that  it  appropriates  more  money  than  may  be  necessary  : 
but  the  mistake  of  a  few  millions  too  much  is  not  fatal ; 
the  mistake  of  a  few  millions  below  the  point  will  be 
fatal."  Mr.  Morrill  (Rep.)  of  Maine  said,  "If  Mis 
souri,  that  great  State  lying  in  the  centre  of  the  conti 
nent,  would  speak  the  word,  *  We  are  on  this  side  in  this 
great  contest ;  we  are  on  the  side  of  freedom,  free  men, 
and  free  labor,'  it  would  be  worth  ten  million  dollars 
to  have  the  word  spoken,  and  to  have  it  spoken  now, 
and  would  place  that  State  on  the  side  of  the  Government 
of  the  country."  The  presiding  officer  :  "  The  question 
recurs  on  the  amendment  of  the  senator  from  Missouri, 
to  strike  out  'seventy-six,'  and  insert  '  eighty  -five.' r 
Mr.  Wilson  said,  "I  want  the  privilege  of  voting  to 
give  ten  million  dollars  for  emancipation  in  1876;  so 
that  the  alternative  presented  to  the  people  of  Missouri 
will  be  this  :  Emancipation  in  1865,  twenty  million  dol- 


TO    EMANCIPATE    THEIR    SLAVES.  239 

lars  ;  emancipation  in  1876,  ten  million  dollars."  —  "I 
move,"  said  Mr.  Clark,  "  to  fill  the  blank  with  ten  mil 
lion  dollars  ;  and  on  that  amendment  I  will  ask  for  the 
yeas  and  nays."  The  yeas  and  nays  were  ordered.  Mr. 
Clark  said,  "  The  effect  of  the  amendment  will  be  pre 
cisely  this,  as  I  understand  it :  We  pay  twenty  million 
dollars  for  immediate  emancipation  by  1865,  and  pay 
ten  million  dollars  for  gradual  emancipation  in  1876." 
The  question,  being  taken  by  yeas  and  nays,  resulted 
— yeas  16,  nays  21.  "I  now  move,"  said  Mr.  Wilson 
of  Massachusetts,  "to  amend  the  amendment  of  the 
committee  by  striking  out  all  after  the  word  f  that,'  and 
inserting  the  following  :  r  Whenever  satisfactory  evidence 
shall  be  presented  to  the  President  of  the  United  States 
that  the  State  of  Missouri  has  adopted  a  law,  ordinance, 
or  other  provision,  for  the  emancipation  of  all  the  slaves 
therein,  and  for  the  exclusion  of  slavery  for  ever  there 
after  from  the  State,  it  shall  be  his  duty  to  prepare 
and  deliver  to  the  Governor  of  Missouri  twenty  million 
dollars  in  bonds  of  the  United  States,  bearing  interest 
at  the  rate  of  five  per  cent  per  annum,  and  payable 
thirty  years  after  the  date  thereof,  to  be  used  by  that 
State  to  compensate  for  the  inconveniences  produced  by 
such  change  of  system.'"  Mr.  Grimes  (Rep.)  of  Iowa 
moved  to  strike  out  "twenty  million  dollars,"  and  insert 
"  ten  million  dollars." —  "I  am  willing,"  he  remarked, 
"to  go  before  the  people  of  my  State,  and  undertake  to 
justify  —  I  believe  I  shall  be  justified  in  making  an 
appropriation  of  ten  million  dollars  to  create  freedom, 
and  only  freedom,  in  the  State  of  Missouri,  from  and 
after  1865.  I  am  willing  to  take  the  responsibility  of 
giving  that,  vote,  and  stand  the  test  before  the  freemen 


240  AID    TO    THE    STATES 

of  Iowa ;  but  informed  as  I  am  in  regard  to  the  condi 
tion  of  slavery  in  Missouri,  knowing  as  little  as  I  do 
of  the  number  of  slaves  within  the  State,  and  of  their 
value,  I  am  unwilling  at  this  time  to  vote  more  than 
ten  million  dollars." 

Mr.  Wilson  of  Massachusetts  said,  "One  proposition 
is  to  put  twenty  million  dollars  in  the  pockets  of  the 
slaveholders,  and  give  freedom  to  the  slaves  on  the  4th 
of  July,  1865  :  the  other  proposition  is  to  give  ten  mil 
lion  dollars,  and  extend  the  time  twelve  years,  —  to 
1876.  One  proposition  fills  the  slaveholders'  pockets 
with  our  money  at  once,  gives  freedom  to  the  bondman, 
and  brings  content  and  peace  there  :  the  other  propo 
sition  puts  off  emancipation  for  twelve  years,  and  blasts 
the  hopes  of  thousands  of  these  people,  and  makes  them 
discontented ;  and  they  will  run  away  whenever  they  can." 
Mr.  Lane  of  Kansas  declared,  "  So  far  as  the  blacks 
are  concerned,  they  will  be  practically  as  free  under  an 
act  of  gradual  emancipation  to  take  effect  in  1876  as 
under  an  act  to  take  effect  in  1865.  .  .  .  I  assure  the 
senator  from  Massachusetts,  with  some  knowledge  of 
the  subject  of  which  I  speak,  that  an  emancipation  bill 
to  take  full  effect  in  1876,  so  far-  as  the  black  is  con 
cerned,  is  as  potent  in  securing  him  freedom  as  an  act 
to  take  effect  in  1865."  —  "I  confess  I  am  surprised," 
replied  Mr.  Wilson  of  Massachusetts,  "that  the  sena 
tor  from  Kansas,  who  has  such  practical  views  on 
these  questions,  and  is  so  earnest  in  the  cause,  can 
think  that  these  slaves,  who  are  now  kept  under 
chain,  to  prevent  whose  running  away,  as  he  admits, 
armed  men  have  to  traverse  the  State,  would  be  con 
tented  with  an  act  promising  them  freedom  thirteen 


TO    EMANCIPATE    THEIR    SLAVES.  241 

years  hence.  Pass  an  act  to  make  them  all  free  in 
two  years,  and  they  will  be  contented  at  once.  They 
will  shout  for  joy,*  and  offer  up  prayers  to  Almighty 
God  for  our  action  and  the  action  of  the  emancipa 
tionists  :  but  if  you  pass  an  act  that  they  shall  not  be 
free  for  thirteen  years,  and  that,  in  the  mean  time, 
they  may  be  worked  for  nothing,  sold,  sent  out  of  the 
State,  and,  if  they  run  away,  the  Fugitive-slave  Law 
may  be  brought  to  bear  to  bring  them  back,  they  will 
not  be  contented ;  they  will  be  turbulent.  The  very 
hopes  of  freedom,  thus  baffled,  will  excite  them  to 
action,  and  they  will  run  away  ;  and  there  will  be  dis 
content  and  trouble  in  that  State  on  the  part  of  master 
and  slave."  Mr.  Kennedy  (Dem.)  of  Maryland  was 
opposed  to  all  these  measures.  "Let  us  alone.  The 
laws  of  political  economy,  of  inevitable  destiny,  are 
working  out  a  remedy  for  slavery  there.  Do  not  tram 
mel  us  with  questions  that  may  precipitate  issues  that 
we  cannot  control,  and  which  may  involve  our  beloved 
State  in  the  most  horrid  scenes  of  fratricidal  war." 

On  the  amendment  of  the  Committee  on  the  Judi 
ciary,  by  Mr.  Harris,  to  strike  out  all  after  the  enacting 
clause,  and  insert  an  amendment  giving  twenty  million 
dollars  for  immediate  emancipation,  Mr.  Wilson  of 
Missouri  moved  to  strike  out  "  twenty  million,"  and 
insert  "  twenty-five  million  "  dollars,  —  yeas  2,  nays 
36.  Mr.  Davis  spoke  in  opposition  to  the  bill.  Mr. 
Turpie  (Dem.)  of  Indiana  followed  in  opposition  to 
the  measure  and  the  policy  of  the  Administration. 
"Do  senators,"  he  asked,  "still  desire  to  continue  to 
agitate  this  most  odious  doctrine  of  interference  with 
the  sovereignty  of  the  States  ?  Do  they  still  desire  to 

21 


242  AID    TO    THE    STATES 

continue  to  agitate  this  dangerous  and  disgraceful  ele 
ment  in  the  political  history  of  the  country?  If  they 
do,  let  them  vote  for  the  Missouri  bill."  Mr.  Wall 
(Dem.)  of  New  Jersey  opposed  the  bill.  He  said, 
"The  President  of  the  United  States,  in  his  message, 
told  the  country  that  history  would  never  forget  him 
nor  this  Congress.  Sir,  I  do  not  think  it  will.  As 
Sir  Charles  Townshend  once  said  to  Lord  Thurlow, 
who  was  an  exceedingly  profane  man,  when,  in  a  burst 
of  enthusiasm  upon  the  floor  of  Parliament,  he  said, 
flf  I  forget  my  sovereign,  may  my  God  forget  me!' 
'No,  no,'  said  the  witty  Townshend:  'he  will  see  you 
damned  first ! '  And  that,  senators,  I  am  afraid  will  be 
our  condition  with  history,  if  we  go  on  passing  these 
enormous  acts." 

Mr.  Ten  Eyck  (Rep.)  .of  New  Jersey  addressed  the 
Senate  in  favor  of  putting  "the  bill  in  such  a  shape 
that  we  may  vote  to  aid  the  State  of  Missouri,  and 
thus  establish  a  precedent  for  the  other  States  that  may 
ask  for  assistance  in  the  gradual  abolition  of  slavery." 
Mr.  Richardson  (Dem.)  of  Illinois  opposed  the  bill. 
"  The  Attorney-General,"  he  said,  "  at  the  instance  of 
the  President,  gives  an  opinion,  announcing,  for  the 
first  time  from  any  national  official  position  in  this 
country,  that  Africans  born  here  are  citizens  ;  disre 
garding  the  decision  of  the  Supreme  Court  of  the 
United  States  in  the  Dred  Scott  case,  —  the  highest 
legal  tribunal  in  the  land.  .  .  .  The  President  wanted 
this  opinion  for  some  purpose.  What  was  that  pur 
pose  ?  Evidently  for  the  advantage  and  benefit  of  the 
f  free  American  of  African  descent.'  He  has  thought 
of  nothing  else,  wrote  of  nothing  else,  talked  of  nothing 


TO    EMANCIPATE    THEIR    SLAVES.  243 

else,  dreamed  of  nothing  else,  since  his  election  to  the 
Presidency ;  and  I  fear  he  will  think  of  nothing  else 
until  our  Union  is  dissolved,  our  Constitution  destroyed, 
and  our  nationality  lost." 

Mr.  Wilson  of  Missouri  moved  to  amend  by  insert 
ing  as  a  new  section :  '  That  no  part  of  the  bonds  herein 
specified  shall  be  delivered  until  the  act  of  the  Legisla 
ture  or  the  Constitutional  Convention  of  the  State  of 
Missouri,  providing  for  the  emancipation  of  the  slaves 
in  said  State,  shall  be  submitted  to  a  vote  of  the  people, 
and  approved  by  a  majority  of  the  legal  voters  of  said 
State."  Mr.  Henderson  opposed  the  amendment ;  and 
Mr.  Powell  and  Mr.  Saulsbury  advocated  it.  The 
question,  being  taken  by  yeas  and  nays,  resulted  — 
yeas  13,  nays  27. 

"I  am,"  said  Mr.  Harris,  "an  ardent  friend  of  the 
measure  proposed  by  this  bill.  I  regard  it  as  the  most 
important  measure  that  has  been  presented  to  the  con 
sideration  of  the  Senate  during  its  present  session. 
Forty  years  ago,  sir,  the  first  great  conflict  between 
slavery  and  freedom  took  place  in  reference  to  the  ad 
mission  of  the  State  of  Missouri.  In  that  conflict, 
slavery  was  successful.  It  secured  a  predominance  of 
political  power  which  was  never  effectually  checked 
until  the  election  of  1860.  I  desire  exceedingly,  that, 
in  reference  to  this  very  State,  we  should  begin  to  roll 
back  the  tide  of  slavery.  There  is  peculiar  fitness  in 
it ;  but,  sir,  I  see  from  the  discussions  here  to-day  that 
there  is  danger  that  this  great  and  important  measure 
may  fail  on  account  of  some  division  of  its  friends  in 
reference  to  the  details.  Apprehending  that,  and  desir 
ing  to  avoid  it,  I  propose  to  make  one  further  effort  to 


244  AID    TO    THE    STATES 

prepare  a  bill  which  shall  harmonize  the  friends  of  the 
measure  of  emancipation  in  Missouri ;  and,  with  a  view 
to  that,  I  move  that  the  bill  itself,  with  the  proposition 
of  the  senator  from  Massachusetts,  be  recommitted  to 
the  Committee  on  the  Judiciary."  The  motion  was 
agreed  to. 

Mr.  Harris,  on  the  2d  of  February,  reported  back 
from  the  Judiciary  Committee  the  bill,  with  amend 
ments.  On  the  6th,  Mr.  Henderson  moved  to  take  up 
the  bill ;  and  the  motion  was  agreed  to.  On  the  7th, 
the  Senate  resumed  its  consideration.  Mr.  Richardson 
moved  that  each  one  of  the  bonds  issued  by  virtue  of 
the  provisions  of  this  act  shall  have  indorsed  on  the 
back  thereof,  in  writing,  as  follows  :  "  This  bond  was 
issued  for  the  purpose  of  paying  for  slaves  emanci 
pated  in  the  State  of  Missouri,"  —  yeas  13,  nays  27. 
Mr.  Dixon  (Rep.)  of  Connecticut  moved  to  strike  out 
'* twenty  million,"  and  insert  "eleven  million"  dollars, 
—  yeas  14,  nays  24.  Mr.  Collamer  (Rep.)  of  Ver 
mont  moved  to  strike  out  "twenty  million,*'  and  insert 
"fifteen  million"  dollars, — yeas  15,  nays  21.  Mr. 
Sumner  (Rep.)  of  Massachusetts  moved  to  strike  out 
"1876,"  and  insert  "1864."  —  "I  move,"  he  said, 
"to  strikeout  '  seventy-six,'  and  insert  f  sixty-four,'  so 
that  the  act  of  emancipation  shall  go  into  operation 
on  the  fourth  day  of  July,  1864  ;  and,  sir,  my  reason 
for  the  amendment  is  this  :  this  bill,  as  I  understand  it, 
is  a  bill  of  peace ;  it  is  to  bring  tranquillity  to  a  dis 
turbed  State.  .  .  .  Sir,  for  the  sake  of  the  United  States 
at  this  moment,  for  the  sake  of  Missouri  herself,  for  the 
sake  of  every  slave-master  in  Missouri,  and  for  the  sake 
of  every  slave,  I  insist  that  this  proposition  shall  go 


TO    EMANCIPATE    TIIEIR    SLAVES.  245 

into  execution  at  the  nearest  possible  day.  The  testi 
mony  of  reason,  of  common  sense,  and  of  history,  is 
uniform  in  that  direction ;  and  I  challenge  any  contra 
diction  to  it." 

Mr.  Willey  (Union)  of  Virginia  thought  it  would 
be  much  better  for  Missouri  and  for  the  slave,  if,  instead 
of  "1876,"  it  was  "1900."  Mr.  Wilson  of  Missouri 
understood  Mr.  Sumner  to  desire  to  strike  out  "1876," 
"  for  the  purpose  of  forcing  immediate  emancipation  ;  " 
and  therefore  he  could  not  vote  for  it.  Mr.  Henderson 
wished  to  stand  by  the  bill  as  reported  by  the  Commit 
tee  on  the  Judiciary.  Mr.  Davis  spoke  at  great  length 
in  opposition  to  the  bill  and  amendment.  In  the  course 
of  his  speech,  he  declared  that  "the  negroes  are  re 
claimed  savages,  and  you  want  to  put  them  in  a  position 
where  they  will  relapse  into  savagism."  —  "Allow  me 
to  suggest,"  remarked  Mr.  Grimes,  "that  it  cannot  be 
possible  that  this  race,  after  they  have  been  under  the 
humanizing  effects  of  f  the  domestic  institution '  as  it  is 
enjoyed  by  the  State  of  Kentucky,  can  be  regarded  in 
the  same  light  with  the  savages  whose  employment  Lord 
Chatham  denounced."  The  question,  being  taken  by 
yeas  and  nays  on  Mr.  Sumner 's  amendment,  resulted 
—  yeas  11,  nays  26.  Mr.  Powell  denounced  the  bill. 
"Is  there,"  he  asked,  "any  morality  in  it?  What  kind 
of  morals  is  that,  that  will  take  from  the  people  of  a 
State,  against  their  will,  their  property,  not  for  the 
purpose  of  benefiting  the  State,  but  for  the  purpose  of 
gratifying  the  fanatical  zeal  of  a  party  temporarily  in 
power  ?  " 

On  the  12th,  the  Senate  resumed  the  consideration 
of  the  bill,  and  Mr.  Saulsbury  spoke  in  opposition  to 

21* 


246  AID    TO    THE    STATES 

the  measure.  Mr.  Sumner  moved  to  amend  the  amend 
ment  by  striking  out  "three  hundred,"  and  inserting 
"two  hundred"  dollars,  as  the  measure  of  value  of 
slaves, — yeas  19,  nays  17.  Mr.  Sumner  then  moved 
to  strike  out  the  words  "  gradual  or,"  in  section  one, 
so  that  the  money  will  be  paid  on  evidence  of  "  the  im 
mediate  emancipation  of  all  slaves  therein."  The 
}uestion,  being  taken  by  yeas  and  nays,  resulted  — 
yeas  11,  nays  27. 

Mr.  Sumner  moved  to  amend  the  House  bill  by 
.striking  out  "  ten  million,"  and  inserting  "  twenty  mil 
lion  "  dollars.  On  motion  of  Mr.  Fessenden,  the  yeas 
and  nays  were  taken, — yeas  3,  nays  37.  The  ques 
tion  recurring  on  the  amendment  reported  by  Mr.  Har 
ris  to  the  House  bill,  Mr.  Sumner  closed  the  debate  in 
a  brief,  concise,  and  eloquent  speech.  He  said,  "Pro 
crastination  is  the  thief,  not  only  of  time,  but  of  virtue 
itself;  but  such  is  the  nature  of  man,  that  he  is  disposed 
always  to  delay,  so  that  he  does  nothing  to-day  which 
he  can  put  off  till  to-morrow.  Perhaps  in  no  single 
matter  has  this  disposition  been  more  apparent  than 
with  regard  to  slavery.  Every  consideration  of  hu 
manity,  justice,  religion,  reason,  common  sense,  and 
history,  all  demanded  the  instant  cessation  of  an  intol 
erable  wrong,  without  procrastination  or  delay.  But 
human  nature  would  not  yield  ;  and  we  have  been  driven 
to  argue  the  question,  whether  an  outrage,  asserting 
property  in  man,  denying  the  conjugal  relation,  annul 
ling  the  parental  relation,  shutting  out  human  improve 
ment,  and  robbing  its  victim  of  all  the  fruits  of  his 
industry, — the  whole,  in  order  to  compel  work  without 
wages,  —  should  be  stopped  instantly  or  gradually.  It 


TO    EMANCIPATE    THEIR    SLAVES.  247 

is  only  when  we  regard  slavery  in  its  essential  ele 
ments,  and  look  at  its  unutterable  and  unquestionable 
atrocity,  that  we  can  fully  comprehend  the  mingled 
folly  and  wickedness  of  this  question.  If  it  were 
merely  a  question  of  economy  or  a  question  of  policy, 
then  the  Senate  might  properly  debate  whether  the 
change  should  be  instant  or  gradual ;  but  considera 
tions  of  economy  and  policy  are  all  absorbed  in  the 
higher  claims  of  justice  and  humanity.  There  is  no 
question  whether  justice  and  humanity  shall  be  im 
mediate  or  gradual.  ...  If  you  would  contribute  to  the 
strength  and  glory  of  the  United  States  ;  if  you  would 
bless  Missouri ;  if  you  would  benefit  the  slave-master ; 
if  you  would  elevate  the  slave  ;  and,  still  further,  if  you 
would  afford  an  example  which  shall  fortify  and  sanctify 
the  Republic,  making  it  at  once  citadel  and  temple, — 
do  not  put  off  the  day  of  freedom.  In  this  case,  more 
than  in  any  other,  he  gives  twice  who  quickly  gives." 

The  question  was  on  Mr.  Harris's  substitute  ;  and, 
being  taken  by  yeas  and  nays,  resulted  —  yeas  26, 
nays  10.  So  the  amendment  as  amended  was  con 
curred  in.  The  question  was  then  taken  on  the  passage 
of  the  bill  as  amended, — yeas  23,  nays  18.  So  the 
bill  was  passed  by  the  Senate. 

In  the  House  of  Representatives,  when  the  bill  was 
taken  from  the  Speaker's  table,  Mr.  Norton  (Dem.)  of 
Missouri  raised  the  point  of  order,  that  the  bill  must 
have  its  first  consideration  in  the  Committee  of  the 
Whole  on  the  State  of  the  Union.  The  Speaker  ruled 
that  the  point  of  order  was  well  taken.  Mr.  White 
(Rep.)  of  Indiana,  Chairman  of  the  Select  Committee 
on  Emancipation,  moved  its  reference  to  that  commit- 


248  AID    TO    THE    STATES    TO    EMANCIPATE. 

tee.  Mr.  Vallandigham  demanded  the  yeas  and  nays 
on  the  motion  of  reference, — yeas  81,  nays  51.  On 
the  3d  of  March,  Mr.  White,  from  the  Select  Commit 
tee,  moved  to  suspend  the  rules,  so  that  the  House  may 
proceed  to  the  consideration  of  the  bill  to  aid  the  State 
of  Missouri  in  emancipation,  reported  from  the  Select 
Committee  on  Emancipation.  The  question  was  taken  ; 
and  there  were  —  yeas  63,  nays  57  ;  and  it  was  decided 
in  the  negative,  two-thirds  not  voting  for  the  suspen 
sion  of  the  rules.  So  the  bill  to  aid  Missouri  in  the 
emancipation  of  the  slaves  therein  was  lost  in  the  House 
of  Representatives  in  the  closing  hours  of  the  Thirty- 
seventh  Congress. 


249 


CHAPTER  XIII. 

AMENDMENT   OF   THE   CONSTITUTION. 

MR.  ASHLEY'S  BILL.  —  MR.  WILSON'S  JOINT  RESOLUTION.  —  HOUSE   COM 
MITTEE  ON  THE  JUDICIARY.  —  MR.   HENDERSON'S    JOINT    RESOLUTION. 

—  MR.  SUMNER'S    RESOLUTION.  —  MR.  HENDERSON'S  AMENDMENT   RE 
PORTED   WITH   AN   AMENDMENT. — REMARKS   OF   MR.  TRUMBULL.  —  MR. 
WILSON.  —  MR.   DAVIS'S   AMENDMENT. —  REMARKS   OF   MR.    SAULSBURY. 

—  MR.    CLARK.  —  MR.   HOWE.  —  MR.    JOHNSON.  —  MR.    DAVIS'S    AMEND 
MENTS. —  MR.   POWELL'S   AMENDMENT.  —  REMARKS   OF   MR.   HARLAN. 

—  MR.     HALE.  —  MR.     M'DOUGALL.  —  MR.    HENDRICKS.  —  MR.     HENDER 
SON.  —  MR.     SUMNER.  —  MR.      SUMNER'S     AMENDMENT.  —  REMARKS   OF 
MR.     TRUMBULL.  —  MR.     HOWARD.  —  PASSAGE     OF   THE   JOINT    RESOLU 
TION  IN  THE  SENATE.  —  MR.  MORRIS'S   SPEECH.  —  REMARKS  OF  MR. 
HERRICK.  —  MR.  KELLOGG.  —  MR.  PRUYN.  —  MR.  WOOD.  —  MR.  HIGBY. 

—  MR.  WHEELER'S  AMENDMENT.  —  MR.  KELLOGG  OF  MICHIGAN.  —  MR. 

ROSS.  — MR.    HOLMAN. —  MR.    TTIAYER.  —  MR.    MALLORY. —  MR.    INGER- 

SOLL.  —  MR.    PENDLETON'S    AMENDMENT.  —  JOINT    RESOLUTION    DE 
FEATED. —  MR.  ASHLEY'S  MOTION  TO  RECONSIDER. 

THE  Speaker  of  the  House  of  Representatives,  on 
Monday  the  14th  of  December,  1863,  after  an 
nouncing  the  standing  committees,  stated  that  the  first 
business  in  order  wag  the  call  of  the  States  for  bills  and 
joint  resolutions.  When  the  State  of  Ohio  was  called, 
Mr.  Ashley  (Rep.),  Chairman  of  the  Committee  on 
Territories,  introduced  a  bill  to  provide  for  submitting 
to  the  States  a  proposition  to  amend  the  Constitution, 
prohibiting  slavery.  The  proposed  amendment  de 
clared  that  "  slavery  is  hereby  for  ever  prohibited  in 
all  the  States  of  the  Union,  and  in  all  Territories  now 
owned,  or  which  may  hereafter  be  acquired,  by  the 
United  States."  Mr.  William  J.  Allen  (Dem.)  of 


250  AMENDMENT    OF    THE    CONSTITUTION. 

Illinois  demanded  the  reading  of  the  bill,  and  it  was 
read  in  full  by  the  clerk.  Mr.  Ashley  then  moved  its 
reference  to  the  Committee  on  the  Judiciary.  Mr. 
Holman  (Dem.)  of  Indiana  objected  to  its  second  read 
ing  ;  but  the  Speaker  overruled  his  point  of  order,  and 
the  bill  was  read  twice,  and  referred  to  the  Judiciary 
Committee. 

When  the  State  of  Iowa  was  called,  Mr.  Wilson 
(Rep.),  Chairman  of  the  Committee  on  the  Judiciary, 
introduced  a  joint  resolution,  submitting  to  the  legis 
latures  of  the  States  this  amendment  to  the  Constitu 
tion  :  — 

"  SECT.  1.  —  Slavery,  being  incompatible  with  a  free  gov 
ernment,  is  for  ever  prohibited  in  the  United  States ;  and 
involuntary  servitude  shall  be  permitted  only  as  a  punishment 
for  crime. 

"  SECT.  2.  —  Congress  shall  have  power  to  enforce  the  fore 
going  section  of  this  article  by  appropriate  legislation." 

Mr.  Fernando  Wrood  of  New  York,  the  acknowl 
edged  leader,  in  the  House,  of  the  peace  Demo 
crats,  demanded  the  reading  of  the  amendment ;  and 
it  was  read  twice,  and  referred  to  the  Judiciary  Com 
mittee. 

The  Committee  on  the  Judiciary,  to  whom  the  House 
committed  the  bill  of  Mr.  Ashley  and  the  joint  resolu 
tion  of  Mr.  Wilson,  was  made  up,  by  Speaker  Colfax, 
of  five  Republicans,  three  Democrats,  and  Ex-Governor 
Thomas  of  Maryland,  who  generally  sustained  the  pol 
icy  of  the  Administration.  Mr.  Wilson  of  Iowa, 
chairman  of  the  committee,  Ex-Governor  Boutwell  of 
Massachusetts,  and  Mr.  Williams  of  Pennsylvania, 
were  known  to  be  earnest  and  uncompromising  anti- 


'AMENDMENT    OF    THE    CONSTITUTION.  251 

slavery  men  ;  Mr.  Woodbridge  of  Vermont  and  Mr. 
Morris  of  New  York,  though  less  known,  were  hardly 
less  firm  in  adherence  to  the  policy  of  emancipation ; 
Ex-Governor  King  (Dem.)  of  Missouri  had  allied  him 
self  to  the  slave-preserving  interests  of  his  State ;  Mr. 
Bliss  (Dem.)  of  Ohio  was  an  avowed  enemy  of  the 
emancipation  policy  of  the  Administration ;  and  Mr. 
Kernan  (Dem.)  of  New  York,  though  an  able  lawyer 
and  liberal  legislator,  was  the  personal  associate  and 
political  adherent  of  Governor  Seymour,  and  was  gen 
erally  regarded  as  too  deeply  interested  in  the  aspirations 
and  fortunes  of  his  friend  and  leader  always  to  follow 
the  convictions  of  his  judgment  or  the  generous  im 
pulses  of  his  heart.  Ex-Governor  Thomas  of  Maryland 
had  recently  committed  himself  to  the  policy  of  eman 
cipation,  and  had  allied  himself  to  the  party  destined  to 
make  his  native  State  a  free  commonwealth. 

On  the  llth  of  January,  1864,  Mr.  Henderson  (Ind.) 
of  Missouri  introduced  into  the  Senate  a  joint  resolu 
tion,  proposing  an  amendment  to  the  Constitution, 
providing  that  slavery  shall  not  exist  in  the  United 
States.  The  proposed  amendment  was  referred  to  the 
Committee  on  the  Judiciary.  That  committee  was 
composed  of  five  Republicans,  —  Mr.  Trumbull  of  Illi 
nois,  Mr.  Foster  of  Connecticut,  Mr.  Ten  Eyck  of 
New  Jersey,  Mr.  Harris  of  New  York,  and  Mr.  How 
ard  of  Michigan;  and  of  two  Democrats,  —  Mr.  Bay 
ard  of  Delaware  and  Mr.  Powell  of  Kentucky. 

Mr.  Sumner  of  Massachusetts,  on  the  8th  of  Febru 
ary,  introduced  a  joint  resolution,  providing  that, 
"  everywhere  within  the  limits  of  the  United  States, 
and  of  each  State  or  Territory  thereof,  all  persons  are 


252  AMENDMENT    OF    THE    CONSTITUTION. 

equal  before  the  law,  so  that  no  person  can  hold  another 
as  a  slave."  Mr.  Sumner  moved  the  reference  of  the 
resolution  to  the  Select  Committee  on  Slavery,  of  which 
he  was  chairman.  Mr.  Trumbull  would  refer  it  to  the 
Committee  on  the  Judiciary,  that  had  under  consider- 
tion  the  amendment  introduced  early  in  the  session  by 
Mr.  Henderson  of  Missouri.  Mr.  Fessenden  suggested 
that  Mr.  Trumbull  move  to  amend  the  motion  of  refer 
ence  so  as  to  substitute  the  Committee  on  the  Judiciary. 
Mr.  Trumbull  replied,  that  he  had  suggested  that  refer 
ence  to  the  senator  from  Massachusetts,  thinking  he 
would  give  it  that  direction.  Mr.  Doolittle  of  Wiscon 
sin  had  never  before  heard  that  an  amendment  to  the 
Constitution  was  ever  referred  to  any  other  than  the  Ju 
diciary  Committee,  and  he  thought  it  clearly  ought  to 
go  to  that  committee.  Mr.  Sumner  thought  the  reso 
lution  under  which  the  Select  Committee  on  Slavery 
was  raised  broad  enough  to  cover  any  proposition  in 
regard  to  slavery  ;  but  if  the  senator  from  Illinois  de 
sired  the  resolution  to  go  to  the  Judiciary  Committee, 
of  which  that  senator  was  the  honored  head,  he  should 
consent  with  the  greatest  pleasure.  Mr.  Saulsbury  of 
Delaware  moved  the  indefinite  postponement  of  the 
resolution :  eight  senators  voted  yea,  and  thirty-one 
senators  voted  nay.  The  resolution  was  then  referred 
to  the  Judiciary  Committee. 

On  the  10th  of  February,  Mr.  Trumbull,  from  the 
Committee  on  the  Judiciary,  reported  adversely  on  Mr. 
Sumner's  resolution.  At  the  same  time,  he  made  a 
report  on  the  joint  resolution  originally  introduced  by 
Mr.  Henderson,  to  strike  out  afl  after  the  resolving 
clause,  and  insert,  — 


AMENDMENT    OF    THE    CONSTITUTION.  253 

"  That  the  following  article  be  proposed  to  the  legislatures 
of  the  several  States,  as  an  amendment  to  the  Constitution  of 
the  United  States,  which,  when  ratified  by  three-fourths  of 
said  legislatures,  shall  be  valid,  to  all  intents  and  purposes,  as 
a  part  of  the  said  Constitution  ;  namely  :  — 

"ART.  13,  SECT.  1. — Neither  slavery  nor  involuntary 
servitude,  except  as  a  punishment  for  crime,  whereof  the 
party  shall  have  been  duly  convicted,  shall  exist  within 
the  United  States^or  any  place  subject  to  their  jurisdiction. 

"  SECT.  2.  —  Congress  shall  have  power  to  enforce  this  ar 
ticle  by  appropriate  legislation." 

On  Monday,  the  28th  of  March,  the  Senate,  as  in 
Committee  of  the  Whole,  proceeded  to  consider  the 
joint  resolution  ;  the  pending  question  being  the  amend 
ment  proposed  by  the  Judiciary  Committee  to  the  ori 
ginal  resolution  introduced  by  Mr.  Henderson.  The 
chairman  of  the  committee,  Mr.  Trumbull,  opened 
the  debate  in  a  brief,  clear,  and  comprehensive  state 
ment  of  the  question.  Speaking  for  the  committee,  he 
said,  "I  think,  then,  it  is  reasonable  to  suppose,  that, 
if  this  proposed  amendment  passes  Congress,  it  will, 
within  a  year,  receive  the  ratification  of  the  requisite 
number  of  States  to  make  it  a  part  of  the  Constitu 
tion.  That  accomplished,  we  are  for  ever  freed  of  this 
troublesome  question.  We  accomplish  then  what  the 
statesmen  of  this  country  have  been  struggling  to  ac 
complish  for  years.  We  take  this  question  entirely 
away  from  the  politics  of  the  country.  We  relieve 
Congress  of  sectional  strifes  ;  and,  what  is  better  than 
all,  we  restore  to  a  whole  race  that  freedom  which  is 
theirs  by  the  gift  of  God,  but  which  we  for  generations 
have  wickedly  denied  them." 

22 


254  AMENDMENT    OF    THE    CONSTITUTION. 

Mr.  Wilson   (Rep.)  of  Massachusetts  followed  Mr. 
Trumbull    In    advocacy    of  the    proposed    amendment. 
"  The  crowning   act,"   he   said,  "  in   this  series  of  acts 
for  the  restriction  and  "extinction  of  slavery  in  America, 
is  this  proposed  amendment  to  the  Constitution,  pro 
hibiting  the  existence  of  slavery  for  evermore  in  the 
Republic  of   the  United  States.      If   this   amendment 
shall  be  incorporated  by  the  will  of  .the    nation   into 
the  Constitution  of  the  United  States,  it  will  obliterate 
the   last  lingering  vestiges   of  the   slave  system  —  its 
chattelizing,   degrading,   and   bloody  codes ;   its  dark, 
malignant,  barbarizing  spirit ;  all  it  was  and  is  ;  every 
thing  connected  with  it  or  pertaining  to  it  —  from  the 
face  of  the  nation  it  has  scarred  with  moral  desolation, 
from  the  bosom  of  the  country  it  has  reddened  with  the 
blood  and  strewn  with  the  graves  of  patriotism.     The 
incorporation  of  this  amendment  into  the  organic  law 
of   the  nation  will   make  impossible  for  evermore  the 
re-appearing  of  the  discarded  slave  system,  and  the  re 
turning  of  the  despotism  of  the  slave-master's  domina 
tion.     Then,  sir,  when  this  amendment  to  the  Consti 
tution  shall  be  consummated,  the  shackle  will  fall  from 
the  limbs  of  the  hapless  bondman,  and  the  lash  drop 
from  the  weary  hand  of  the  task-master.     Then  the 
sharp  cry  of  the  agonizing  hearts  of  severed  families 
will  cease  to  vex  the  weary  ear  of  the  nation,  and  to 
pierce  the  car  of  Him  whose  judgments  are  now  aven 
ging  the  wrongs  of  centuries.     Then  the  slave  mart, 
pen,  and  auction-block,  with  their  clanking  fetters  for 
human  limbs,  will  disappear  from  the  land  they  have 
brutalized ;   and  the  schoolhouse  will  rise  to  enlighten 
the  darkened  intellect  of  a  race  imbruted  by  long  years 


AMENDMENT    OF   THE    CONSTITUTION.  255 

of  enforced  ignorance.  Then  the  sacred  rights  of 
human  nature,  the  hallowed  family  relations  of  husband 
and  wife,  parent  and  child,  will  be  protected  by  the 
guardian  spirit  of  that  law  which  makes  sacred  alike 
the  proud  homes  and  lowly  cabins  of  freedom.  Then 
the  scarred  earth,  blighted  by  the  sweat  and  tears  of 
bondage,  will  bloom  again  under  the  quickening  culture 
of  rewarded  toil.  Then  the  wronged  victim  of  the 
slave  system,  the  poor  white  man,  the  sand-hiller,  the 
clay-eater,  of  the  wasted  fields  of  Carolina,  impover 
ished,  debased,  dishonored  by  the  system  that  makes  toil 
a  badge  of  disgrace,  and  the  instruction  of  the  brain 
and  smil  of  man  a  crime,  will  lift  his  abashed  forehead 
to  the  skies,  and  begin  to  run  the  race  of  improvement, 
progress,  and  elevation.  Then  the  nation,  'regenerat 
ed  and  disinthralled  by  the  genius  of  universal  emanci 
pation,'  will  run  the  career  of  development,  power,  and 
glory,  quickened,  animated,  and  guided  by  the  spirit 
of  the  Christian  democracy,  that  '  pulls  not  the  highest 
down,  but  lifts  the  lowest  up.'  " 

On  the  30th,  Mr.  Davis  of  Kentucky  addressed  the 
Senate  in  opposition  to  the  amendment,  in  a  lengthy 
and  discursive  speech,  in  which  he  vehemently  assailed 
the  Administration.  "  The  most  effective  single  cause 
of  the  pending  war,"  he  avowed,  "  was  the  intermed 
dling  of  Massachusetts  with  the  institution  of  slavery." 
He  declared  it  to  be  an  "  objection  of  overruling  weight, 
that  no  revision  of  the  Constitution,  in  any  form,  ought 
to  be  undertaken  under  the  auspices  of  the  party  in 
power."  Mr.  Davis  closed  his  speech  by  the  emphatic 
declaration,  that  "if  the  dominant  party  can  continue 
their  power  and  rule,  either  by  the  will  or  acquiescence 


256  AMENDMENT    OF    THE    CONSTITUTION. 

of  the  people,  or  the  exercise  of  the  formidable  powers 
which  it  has  usurped,  I  am  not  able  to  see  any  termina 
tion  of  the  present  and  still  growing  ills  short  of  the 
ordeal  of  general  and  bloody  anarchy."  On  the  3d 
of  March,  Mr.  Davis  had  presented  an  amendment,  in 
which  he  proposed  that  the  States  of  Maine  and  Mas 
sachusetts  should  form  and  constitute  one  State  of  the 
United  States,  to  be  called  East  New  England ;  and  the 
States  of  New  Hampshire,  Rhode  Island,  Connecticut, 
and  Vermont,  should  form  and  constitute  one  State  of 
the  United  States,  to  be  called  West  New  England. 
This  division  of  New  England  into  two  States  —  Maine 
and  Massachusetts,  separated  by  New  Hampshire,  con 
stituting  East  New  England ;  and  New  Hampshire 
and  Vermont,  Connecticut  and  Rhode  Island,  sepa 
rated  by  Massachusetts,  constituting  West  New  Eng 
land —  seemed,  to  those  familiar  with  the  map  of  the 
country,  to  be  rather  an  awkward  geographical  divi 
sion.  But,  at  the  close  of  his  speech,  the  senator  from 
Kentucky,  having  doubtless  extended  his  geographical 
researches,  proposed  a  new  arrangement,  —  that  "the 
States  of  Maine,  New  Hampshire,  and  Vermont,  are 
formed  into  and  shall  constitute  one  State  of  the  United 
States,  to  be  called  North  New  England ;  and  the 
States  of  Massachusetts,  Connecticut,  and  Rhode 
Island,  are  formed  into  and  constitute  one  State  of  the 
United  States,  to  be  called  South  New  England." 
But  this  new  geographical  and  political  division  of 
New  England  was  not  brought  by  its  originator  to  the 
test  of  a  vote  of  the  Senate. 

Mr.  Saulsbury  of  Delaware  followed  on  the  31st  in 
opposition  to    the    amendment,   and  in   vindication   of 


AMENDMENT    OF    THE    CONSTITUTION.  257 

slavery  on  principle.  "  The  Almighty,"  he  said,  "im 
mediately  after  the  Flood,  condemned  a  whole  race  to 
servitude.  He  said,  '  Cursed  be  Canaan.'  Slavery 
continued  among  all  people  until  the  advent  of  the 
Christian  era.  It  was  recognized  in  the  new  dispen 
sation  which  was  to  supersede  the  old.  It  has  the 
sanction  of  God's  own  apostles ;  for,  when  Paul  sent 
back  Onesimus  to  Philemon,  he  sent  his  doulos,  a 
slave  born  as  such."  Mr.  Clark  of  New  Hampshire 
followed  Mr.  Saulsbury,  in  a  speech  of  much  clear 
ness  and  force,  in  favor  of  the  amendment.  "  I  am 
told,"  he  said,  "that  this  is  not  the  time  for  such 
an  amendment  of  the  Constitution.  Pray  when,  sir, 
will  it  come?  Will  it  be  when  the  President  has 
issued  more  and  more  calls  for  two  or  three  hundred 
thousand  men  of  the  country's  bravest  and  best  ?  Will 
it  be  when  more  fathers  and  husbands  and  sons  have 
fallen,  and  their  graves  are  thicker  by  the  banks  of  the 
rivers  and  streamlets  and  hillsides?  Will  it  be  when 
there  are  more  scenes  like  this  I  hold  in  my  hand, — 
an  artist's  picture,  a  photograph  of  an  actuality,  —  a 
quiet  spot  by  the  side  of  a  river,  with  the  moon  shining 
upon  the  water,  and  a  lonely  sentinel  keeping  guard  ; 
and  here,  in  the  open  space,  the  head-boards  marking 
the  burial-places  of  many  a  soldier-boy,  and  an  open 
grave  to  receive  another  inmate ;  and,  underneath,  the 
words,  f  All  quiet  on  the  Potomac'?  Will  it  be  when 
such  scenes  of  quiet  are  more  numerous,  not  only  along 
the  Potomac,  but  by  the  Rapidan,  the  Chickahominy, 
the  Stone,  the  Tennessee,  the  Cumberland,  the  Big 
Black,  and  the  Red?  Sir,  now,  in  my  judgment,  is 
the  time,  and  the  fitting  time.  Never  until  now  could 

22* 


258  AMENDMENT    OF    THE    CONSTITUTION, 

this  amendment   have   been   carried ;  and   now  I  hope 
and  believe  it  can." 

On  the  4th  of  April,  Mr.  Howe  of  Wisconsin  made  a 
quaint  and  earnest  speech  for  the  amendment.  "What," 
he  asked,  "are  the  apologies  for  this  institution?  I 
have  heard  them.  We  hear  them  daily.  That  which 
we  hear  the  oftenest,  that,  which  is  insisted  upon  the 
loudest,  is,  that  slaves  are  only  made  of  negroes,  or  of 
the  descendants  of  negroes,  and  that  they,  as  a  race,  are 
inferior  to  the  whites.  Whether  the  fact  is  so  or  not,  I 
shall  not  spend  a  moment  in  arguing ;  but  I  affirm  this, 
that  if,  in  the  whole  catalogue  of  excuses  that  are  offered 
for  crimes  and  offences,  one  single  excuse  could  be  found 
more  odious  than  the  crime  itself,  it  is  this  one  excuse  for 
slavery.  Admit  that,  as  a  race,  they  are  inferior  to  the 
race  of  the  whites :  I  ask  senators,  I  ask  men,  if  that  is  a 
fact  which  authorizes  you  or  me  to  enslave  them.  Sir, 
the  excuse  not  only  shames  what  sense  of  manhood  there 
is  in  us  who  are  grown  up,  but  it  shames  all  the  manliness 
of  the  boys  of  the  country."  Mr.  Johnson,  on  the  5th 
of  April,  addressed  the  Senate  in  support  of  the  amend 
ment.  The  representative  of  a  slave  State  just  casting 
aside  its  burden,  a  lawyer  of  acknowledged  eminence, 
and  a  statesman  of  large  experience,  his  speech  com 
manded  the  marked  attention  of  the  Senate.  In  the 
outset  of  his  remarks,  he  most  emphatically  avowed,  "I 
am  satisfied  now,  and  I  was  satisfied  throughout  all  the 
contests  in  which  that  question  has  been  presented,  that, 
sooner  or  later,  the  present  condition  of  things  was  in 
evitable,  or  something  nearly  like  them.  If,"  said  he, 
"there  be  justice  in  God's  providence,  if  we  are  at 
liberty  to  suppose  that  he  will  not  abandon  man  and 


AMENDMENT    OF    THE    CONSTITUTION.  259 

his  rights  to  their  own  fate,  and  suffer  their  destiny  to 
be  worked  out  by  their  own  means  and  with  their  own 
lights,  I  never  doubted  that  the  day  must  come  when 
human  slavery  would  be  exterminated  by  a  convulsive 
effort  on  the  part  of  the  bondmen,  unless  that  other 
and  better  reason  and  influence  which  might  bring  it 
about  should  be  successful,  —the  mild  though  powerful 
influences  of  that  higher  and  elevated  morality  which 
the  Christian  religion  teaches." 

At  the  close  of  Mr.  Johnson's  speech,  Mr.  Davis 
moved  to  strike  out  all  after  the  word  "  namely "  in 
the  amendment  reported  by  the  committee,  and  insert, 
"No  negro,  or  person  whose  mother  or  grandmother 
is  or  was  a  negro,  shall  be  a  citizen  of  the  United 
States,  and  be  eligible  to  any  civil  or  military  office, 
or  to  any  place  of  trust  or  profit,  under  the  United 
States."  The  question,  being  taken  by  yeas  and  nays, 
resulted  —  yeas  5,  nays  32.  Mr.  Davis  then  proposed 
to  amend  the  amendment  reported  by  the  committee 
by  adding  these  words  to  the  first  section  of  the  pro 
posed  article  :  ff  But  no  slave  shall  be  entitled  to  his  or 
her  freedom  under  this  amendment,  if  resident,  at  the 
time  it  takes  effect,  in  any  State  the  laws  of  which  forbid 
free  negroes  to  reside  therein,  until  removed  from  such 
State  by  the  Government  of  the  United  States."  Upon 
this  amendment  he  asked  the  yeas  and  nays  ;  but  only 
four  senators  sustained  his  call,  and  his  amendment  was 
rejected  without  a  division.  Mr.  Davis  further  pro 
posed  to  amend  the  amendment  by  adding  at  the  end 
of  the  second  section,  that  Congress  shall  distribute  the 
emancipated  slaves  among  the  free  States.  This  amend 
ment  was  rejected  without  a  division.  Mr.  Powell  now 


260  AMENDMENT    OF   THE    CONSTITUTION. 

moved  to  amend  the  amendment  of  the  committee  by 
adding  at  the  end  of  the  first  section,  "No  slaves  shall 
be  emancipated  by  this  article,  unless  the  owner  thereof 
shall  be  first  paid  the  value  of  the  slave  or  slaves  so 
emancipated,"  —  yeas  2,  nays  34.     On  the  6th  of  April, 
Mr.  Harlan  of  Iowa  addressed  the  Senate  in  an  exhaust 
ive  speech  in  favor  of  the  amendment  of  the  Constitution. 
He  emphatically  denied  any  just  title  to  the  services  of 
the  adult  offspring  of  the  slave  mother,  and  pronounced 
it  "a  mere  usurpation,  without  any  known  mode  of  jus 
tification  under  any  existing  code   of  laws   human    or 
divine.   .   .   .  The  justice  of   this  claim,"  he  declared, 
"cannot  be  found  either  in  reason,  natural  justice,  or 
the  principles  of  the  common  law,  or  in  any  positive 
municipal  or  statute  regulation  of  any  State,  or  in  the 
Hebrew  code  written  by  the  finger  of  God  protruded 
from  the  flame  of  fire  on  the  summit  of  Sinai."     Mr. 
Harlan  was  followed  by  Mr.  Saulsbury  in   a  labored 
defence  of  slavery,  and  in  denunciation  of  the  proposed 
amendment  of  the  Constitution,  as  a  "fraud"  upon  the 
nation.     He    pronounced  "  such  an   amendment  to  be 
the  clearest  cause  of  secession  that  could  possibly  be  fur 
nished  or  that  ever  has  been  furnished  to  any  State." 
Mr.   Hale    made    an    earnest,   eloquent,    and   effective 
appeal  in  favor  of  placing  the  nation  in  harmony  with 
the   laws  of  God.      He   closed  his  speech   by  saying, 
"  Sir,  when  the  great  founder  of  the  Dutch  Republic 
(William  the  Silent,  I  think  he  was  called),  after  losing 
his  armies,  his  treasure,  his  finances,   and  every  thing 
but  his  own  indomitable  courage  and  his  Christian  faith, 
counselled  his   followers   again   to   rally,  and  again  to 
strike  for  freedom,  they  asked  him,  'Have  you  secured 


AMENDMENT    OF    THE    CONSTITUTION.  261 

any  alliances?  are  there  any  of  the  potentates  and 
powers  of  the  earth  that  you  could  associate  with,  that 
will  aid  you  in  the  struggle  in  which  you  propose  to  en 
gage?'  his  answer  was,  'Yes:  I  have  allied  myself  to 
the  King  of  kings,  and  in  his  strength  I  invite  you  to  go 
to  battle.'  Sir,  that  is  the  position,  and  the  only  posi 
tion,  this  nation  can  occupy.  If  we  cannot  do  that;  if 
\ve  cannot  put  away  from  us  the  great  sin  and  the  great 
crime  which  has  separated  us,  not  only  from  the  sym 
pathies  of  the  Christian  world,  but  from  the  blessings 
of  the  God  of  the  Christian  world, — then  indeed  is 
our  cause  hopeless  and  our  struggle  desperate."  Mr. 
M'Dougall  of  California,  in  a  brief,  clear,  and  emphatic 
speech,  denounced  the  proposed  amendment  of  the  Con 
stitution,  and  the  entire  antislavery  policy  of  the  Gov 
ernment.  He  would  vote  against  the  amendment  of  the 
Constitution  if  he  stood  alone  in  the  Senate.  The 
'adoption  of  the  amendment  "would  add  twenty -five 
or  fifty  per  cent  to  the  vital  forces  of  the  Southern  Con 
federacy."  He  had  opposed  the  antislavery  policy. 
"It  achieves,"  he  declared,  "nothing  that  tends  toward 
victory  :  it  only  arouses  the  fiercer  animosity  of  an 
already  violent  foe."  Mr.  Powell  was  opposed  to  any 
amendment ;  but,  if  we  are  to  enter  upon  that  work,  let 
us  exhibit  to  the  world  that  our  ideas  are  not  restricted 
to  one,  —  the  subject  of  African  slavery;  and  he  pro 
posed  several  amendments,  which  were  voted  down, 
without  reference  to  their  merits,  by  the  friends  of  the 
amendment  to  the  Constitution  for  the  extinction  of 
slavery.  Mr.  Davis  proposed  an  amendment  concerning 
the  election  of  President,  which  was  rejected  without  a 
division.  The  amendment  of  the  Judiciary  Committee 


262  AMENDMENT    OF    THE    CONSTITUTION. 

was  then  adopted,  and  the  joint  resolution  reported  to 
the  Senate  as  amended. 

On  the  7th,  Mr.  Hendricks  of  Indiana  spoke  in  op 
position  to  the  amendment  of  the  Constitution.  He  had 
never,  he  said,  discussed  the  moral  question  of  slavery 
before  the  people.  "  I  do  not,"  he  said,  "  intend  to  dis 
cuss  it  here,  because  with  the  moral  questions  of  slavery 
the  Federal  Government  has  nothing  to  do.  Are  the 
negroes,"  he  asked,  "to  remain  among  us?  I  can  say 
to  the  senator,  that  they  never  will  associate  with  the 
white  people  of  this  country  upon  terms  of  equality." 
Mr.  Henderson  of  Missouri,  the  mover  of  the  original 
proposition,  followed  Mr.  Hendricks  in  a  lengthy, 
thorough,  and  effective  speech  in  advocacy  of  the  ex 
tinction  of  slavery  by  a  constitutional  amendment. 
"Our  ancestors,"  he  said,  "acknowledged  the  truth, 
when  they  proclaimed  the  inalienable  right  of  liberty 
unto  all  men.  That  declaration  gave  them  liberty.  It 
fired  the  world,  and  enlisted  the  sympathies  of  civiliza 
tion.  So  soon  as  they  obtained  it  for  themselves,  how 
ever,  the  false  counsels  of  expediency  came  to  refuse  it 
to  others." 

Mr.  Sumner,  on  the  8th,  spoke  in  favor  of  the  ex 
tinction  of  slavery  by  constitutional  amendments  and 
by  other  modes  of  legislation.  "  There  is  nothing,"  he 
declared,  "in  the  Constitution,  on  which  slavery  can  rest, 
or  find  even  the  least  support.  Even  on  the  face  of  that 
instrument,  it  is  an  outlaw ;  but,  if  we  look  further  at 
its  provisions,  we  find  at  least  four  distinct  sources  of 
power,  which,  if  executed,  must  render  slavery  impos 
sible,  while  the  preamble  makes  them  all  vital  for  free 
dom  :  first,  the  power  to  provide  for  the  common  defence 


AMENDMENT    OF    THE    CONSTITUTION.  263 

and  general  welfare  ;  secondly,  the  power  to  raise  armies 
and  maintain  navies  ;  thirdly,  the  power  to  guarantee 
to  every  State  a  republican  form  of  government ;  and, 
fourthly,  the  power  to  secure  liberty  to  every  person 
restrained  without  due  process  of  law.  But  all  these 
provisions  are  something  more  than  powers  :  they  are 
duties  also.  And  yet  we  are  constantly  and  painfully 
reminded  in  this  Chamber  that  pending  measures  against 
slavery  are  unconstitutional.  Sir,  this  is  an  immense 
mistake.  Nothing  against  slavery  can  be  unconstitu 
tional.  It  is  only  hesitation  which  is  unconstitutional." 
Mr.  Sumner  closed  by  moving  to  amend  the  bill  by 
striking  out  the  words  of  the  proposed  article,  and  in 
serting  the  following  :  "  All  persons  are  equal  before  the 
law,  so  that  no  person  can  hold  another  as  a  slave ;  and 
Congress  may  make  all  laws  necessary  and  proper 
to  carry  this  article  into  effect  everywhere  within  the 
United  States  and  the  jurisdiction  thereof." 

Mr.  Powell  did  not  believe,  with  Mr.  Clark,  that 
"  slavery  was  the  cause  of  all  our  woes.  The  bad  faith 
of  the  abolitionists  had  done  more  to  bring  this  war 
about  than  all  the  efforts  of  the  fire-eaters  of  the  South." 
At  the  close  of  Mr.  Powell's  speech,  the  Vice-Presi- 
dent  stated  the  question  to  be  on  the  amendment  moved 
by  Mr.  Sumner.  "  In  placing,"  said  Mr.  Sumner,  "  a 
new  and  important  text  into  the  Constitution,  it  seems 
to  me  we  cannot  be  too  careful  in  the  language  we 
adopt."  The  amendment  proposed  by  the  committee, 
he  thought,  started  with  the  attempt  to  reproduce  the 
Jefferson  Ordinance  ;  and  he  doubted  the  expediency 
of  reproducing  that  ordinance  :  for  he  objected  "  to  the 
Jefferson  Ordinance,  even  if  it  were  presented  in  its 


264  AMENDMENT    OF    THE    CONSTITUTION. 

original  text.  He  should  prefer  the  form  sent  to  the 
Chair,  which  he  offered  as  a  suggestion  ;  but,  if  senators 
did  not  incline  to  it,  he  had  no  desire  to  press  it."  — 
"At  an  early  stage  of  the  session,"  said  Mr.  Trumbull, 
"  the  senator  from  Missouri  introduced  a  proposition  to 
amend  the  Constitution  of  the  United  States  so  as  for 
ever  to  prohibit  slavery.  That  resolution  was  referred 
to  the  Committee  on  the  Judiciary.  At  a  later  day,  a 
month  or  two  afterwards,  the  senator  from  Massachu 
setts  also  introduced  a  proposition  to  prohibit  slavery. 
The  committee  had  both  those  propositions  before  them. 
...  I  do  not  know  that  I  should  have  adopted  these 
precise  words  ;  but  a  majority  of  the  committee  thought 
they  wrere  the  best  words  :  they  accomplish  the  object ; 
and  I  cannot  see  why  the  senator  from  Massachusetts 
should  be  so  pertinacious  about  particular  words."  — 
"I  wish,  as  much  as  the  senator  from  Massachusetts," 
said  Mr.  Howard  of  Michigan,  "in  making  this  amend 
ment,  to  use  significant  language,  — language  that  can 
not  be  mistaken  or  misunderstood  :  but  I  prefer  to 
dismiss  all  reference  to  French  constitutions  or  French 
codes,  and  go  back  to  the  good  old  Anglo-Saxon  language 
employed  by  our  fathers  in  the  Ordinance  of  1787  ;  an 
expression  which  has  been  adjudicated  upon  repeatedly, 
which  is  perfectly  well  understood  both  by  the  public 
and  by  judicial  tribunals  ;  a  phrase,  I  may  say  further, 
which  is  peculiarly  near  and  dear  to  the  people  of  the 
North-western  Territory,  from  whose  soil  slavery  was 
excluded  by  it."  Mr.  Sumner  withdrew  his  proposition. 
Mr.  Saulsbury  offered  an  amendment  embodied  in 
twenty  sections  ;  but,  on  a  division,  only  two  votes  were 
given  for  it.  Mr.  M'Dougall  thought,  before  the  final 


AMENDMENT    OF    THE    CONSTITUTION.  265 

vote  was  taken,  it  was  due  to  himself  to  make  a  few 
remarks.  "  I  look  upon  this  policy,"  he  said,  "  as  being 
a  policy  for  sacrificing  the  whole  of  the  colored  people 
now  occupying  parts  of  this  Republic.  This  policy  will 
ingulf  them.  They  can  never  commingle  with  us." 

The  yeas  and  nays  were  then  taken  on  the  passage 
of  the  joint  resolution,  submitting  to  the  legislatures  of 
the  several  States  a  proposition  to  amend  the  Constitu 
tion  of  the  United  States  ;  and  38  senators  voted  yea, 
and  6  senators  voted  nay,  as  follows  :  — 

YEAS.  —  Messrs.  Anthony,  Brown,  Chandler,  Clark,  Collamer, 
Conness,  Cowan,  Dixon,  Doolittle,  Fessenden,  Foot,  Foster,  Grimes, 
Hale,  Harding,  Harlan,  Harris,  Henderson,  Howard,  Howe,  Johnson, 
Lane  of  Indiana,  Lane  of  Kansas,  Morgan,  Morrill,  Nesmith,  Pome- 
roy,  Ramsey,  Sherman,  Sprague,  Sumner,  Ten  Eyck,  Trumbull,  Van 
Winkle,  Wade,  Wilkinson,  Willey,  and  Wilson,  —  38. 

NATS.  — Messrs.  Davis,  Hendricks,  M'Dougall,  Powell,  Riddle,  and 
Saulsbury,  —  6. 

In  the  House  of  Representatives,  on  the  31st  of  May, 
the  joint  resolution,  submitting  to  the  legislatures  of 
the  several  States  a  proposition  to  amend  the  Constitu 
tion  of  the  United  States,  was  taken  up.  Mr.  Holman 
(Dem.)  of  Indiana  objected  to  its  second  reading  ;  and 
the  Speaker  stated  the  question  to  be,  "  Shall  the 
joint  resolution  be  rejected?"  Mr.  Wilson  (Rep.)  of 
Iowa  demanded  the  previous  question,  and  Mr.  Schenck 
(Rep.)  of  Ohio  demanded  the  yeas  and  nays, — yeas 
55,  nays  76. 

Mr.  Wilson,  Chairman  of  the  Judiciary  Committee, 
having,  at  an  early  day  before  the  proposed  amendment 
was  discussed  in  either  House,  made  an  elaborate  speech 
in  favor  of  the  extinction  of  slavery  by  the  adoption 
of  a  constitutional  amendment,  yielded  the  floor  to  Mr. 

23 


266  AMENDMENT    OF    THE    CONSTITUTION. 

Morris  of  New  York,  a  member  of  the  Judiciary  Com 
mittee.  "I  aver,"  declared  Mr.  Morris,  in  opening  the 
debate,  "  that  no  nation  can  violate  any  moral  law,  with 
out  incurring  a  penalty.  No  member  of  society,  no 
matter  how  weak  or  humble,  can  be  oppressed,  without 
injury  to  the  whole.  It  is  an  inexorable  law.  There 
is  a  system  of  compensation  in  the  economy  of  God, 
and  applicable  to  nations  and  individuals,  as  inevitable 
as  that  fire  will  burn.  We  may  not  admit  it ;  but  time 
will  realize  the  fact.  We  may  not  recognize  the  hand  ; 
but  the  chastening  will  come  as  certainly  as  that  God  is 
just.  Legislators  as  well  as  divines  should  remember 
these  truths." 

Mr.  Herrick  (Dem.)  of  New  York  followed  Mr.  Mor 
ris  in  opposition  to  the  amendment.  He  declared  that 
"  the  adoption  of  this  measure  could  have  no  other  effect 
than  to  seal  for  ever  the  dissolution  of  the  Union  :  it 
meant  nothing  else  than  eternal  disunion,  continuous 
war."  Mr.  Kellogg  (Rep.)  of  New  York  followed  in 
support  of  the  amendment,  and  for  the  suppression  of 
the  Rebellion.  "  No  expense,"  he  said,  "  no  sacrifice,  no 
allurement,  must  deter  or  divert  us  ;  but  rising  with  the 
emergency,  and  equal  to  every  fate,  we  must  meet  and 
master  every  obstacle  that  stands  in  the  way  of  the 
complete  supremacy  of  the  Constitution  and  the  laws." 

The  consideration  of  the  question  was  resumed  on 
the  14th  of  June;  and  Mr.  Pruyn  (Dem.)  of  New 
York  addressed  the  House  in  opposition  to  the  amend 
ment.  Mr.  Fernando  Wood  (Dem.)  of  New  York 
said  that  "  the  bloody  and  brutal  policy  of  the  Ad 
ministration  party  had  well-nigh  destroyed  all  hope 
of  reconstruction.  This  proposed  alteration  of  the  Con- 


AMENDMENT    OF    THE    CONSTITUTION.  267 

stitution  was  beyond  the  power  of  the  Government.  It 
involves  the  extermination  of  the  white  men  of  the  South 
ern  States,  and  the  forfeiture  of  all  the  land  and  other 
property  belonging  to  them.  Negroes  and  military  colo 
nists  will  take  the  place  of  the  race  thus  blotted  out  of 
existence.  Is  this  intended  as  the  last  scene  of  the  bloody 
drama  of  carnage  and  civil  war  now  being  prosecuted  ? 
The  world  looks  on  with  horror,  and  it  will  leave  to 
future  ages  a  fearful  warning  to  avoid  similar  acts  of 
perfidious  atrocity."  Mr.  Higby  (Rep.)  of  California 
said,  "  The  Constitution  should  be  adapted  to  the  condi 
tion  of  the  country  where  the  noble  men  of  the  loyal 
States  are  giving  up  their  lives  and  where  they  have 
given  them  up  by  thousands.  Their  bones  are  bleach 
ing  upon  hundreds  of  battle-fields.  They  are  drenching 
with  their  blood  the  soil  over  which  they  are  mov 
ing,  with  Victory  perching  on  their  banners,  and 
killing  out  the  roots  of  slavery  so  that  it  cannot  exist." 
"It  is  an  attempt,"  said  Mr.  Kalbfleisch  (Dem.)  of 
New  York,  "  to  replenish  their  almost  exhausted  stock 
of  political  capital  by  creating  a  new  issue  based  upon 
the  slavery  question  before  the  people,  in  the  hope  of 
renewing  that  agitation  upon  the  turbulent  waves  of 
which  they  wrere  swept  into  the  power  which  they  have 
so  deplorably  abused."  Mr.  Wheeler  (Dem.)  of  Wis 
consin  presented  an  amendment  to  add  to  the  resolution, 
—  "  that  this  article  shall  not  apply  to  the  States  of 
Kentucky,  Missouri,  Delaware,  and  Maryland,  until 
after  the  expiration  of  ten  years  from  the  time  the 
same  shall  be  ratified."  "  Slavery,"  said  Mr.  Shannon 
(Rep.)  of  California,  "  is  paganism  refined,  brutality 
vitiated,  dishonesty  corrupted  ;  and,  sir,  we  are  asked 


268  AMENDMENT    OF    THE    CONSTITUTION. 

to  retain  this  curse,  to  protect  it,  after  it  has  corrupted 
our  sons,  dishonored  our  daughters,  subverted  our  insti 
tutions,  and  shed  rivers  of  the  best  blood  of  our  country 
men."  Mr.  Marcy  (Dem.)  of  New  Hampshire  as 
sured  the  supporters  of  the  Administration  that  their 
"  career  was  fast  drawing  to  a  close."  Mr.  Coffroth 
(Dem.)  of  Pennsylvania  opposed  the  bill,  and  bitterly 
assailed  the  policy  of  the  Administration.  "  Slavery," 
he  exclaimed,  "  is  denounced  as  the  cause  of  the  Rebel 
lion.  I  deny  this,  though  it  may  be  the  occasion,  as 
money  is  the  occasion  of  larceny,  robbery,  or  burglary." 
—  "I  was  here,"  said  Mr.  Kellogg  (Eep.)  of  Michigan, 
"  when  the  Rebellion  broke  out ;  and  I  do  not  believe  the 
adoption  of  the  Crittenden  Compromise  would  have 
postponed  the  war  a  single  week.  Southern  senators 
laughed  at  the  idea  of  being  satisfied  in  such  a  way. 
They  were  determined  to  dissolve  the  Union,  and  estab 
lish  a  separate  government  in  conformity  with  their 
ideas  ;  and  they  firmly  believed  that  we  would  allow 
them  to  do  so.  They  had  a  supreme  contempt  for  the 
people  of  the  North,  and  never  dreamed  of  the  difficul 
ties  in  the  way,  or  the  opposition  they  were  to  encounter. 
They  had  made  up  their  minds  to  do  as  they  pleased, 
and  set  the  Government  of  the  United  States  at  defi 
ance."  Mr.  Ross  (Dem.)  of  Illinois  advocated  peace. 
He  suggested  that  "we  first  agree  upon  an  armistice, 
and  then  send  commissioners,  to  meet,  on  the  4th  of 
July,  at  Mount  Vernon,  around  the  grave  of  Washing 
ton."  He  declared  that  "  suggestions  in  favor  of  an 
amicable  adjustment"  would  not  meet  the  approba 
tion  of  the  adherents  of  the  Administration.  Mr. 
Holinan  (Dem.)  of  Indiana  said,  "This  bill,  having 


AMENDMENT    OF    THE    CONSTITUTION.  261) 

passed  the  Senate,  only  awaits  the  approval  of  the 
House.  Of  all  the  measures  of  this  disastrous  Admin 
istration,  each  in  its  turn  producing  new  calamities,  this 
attempt  to  tamper  with  the  Constitution  threatens  the 
most  permanent  injury." 

The  debate  was  continued,  on  the  15th  of  June,  by 
Mr.  Farnsworth  (Kep.)  of  Illinois.  "When,"  said  he, 
"we  stood  in  the  breach,  and  declared  that  slavery 
should  go  no  further  ;  that  it  should  not  spread  over  the 
land ;  that  they  should  not  '  call  the  roll  of  their  slaves 
under  the  shadow  of  Bunker  Hill,'  nor  '  flog  them  in 
the  corn-fields  of  Illinois,'  —  then  the  slaveholders 
brought  on  the  Rebellion."  Mr.  Thayer  (Rep.)  of 
Pennsylvania  declared  that  "humanity  and  civilization 
revolt  against  a  sentiment  so  inhuman  in  itself,  and 
so  debasing  to  the  mind  that  holds  it,  as  the  senti 
ment  which  we  listened  to  yesterday,  —  that  slavery 
is  the  best  possible  condition  of  the  negro  race."  — 
"I  re-affirm  it,"  said  Mr.  Fernando  Wood.  "I  am 
willing,"  replied  Mr.  Thayer,  "  that  he  should  re 
affirm  it.  .  .  .1  can  only  say,  that,  for  myself,  I 
would  not  hold  or  avow  a  sentiment  so  barbarous,  so 
cruel,  and  so  inhuman  in  its  character,  as  that,  for  all 
the  wealth  and  honor  that  are  embraced  within  the  four 
quarters  of  the  world." 

Mr.  Mallory  (Dem.)  of  Kentucky  denounced  the 
proposed  amendment  of  the  Constitution  as  a  palpable 
violation  of  the  reserved  rights  of  the  States."  — 
"Madness  and  despair  rule,"  said  Mr.  Kelley  (Rep.) 
of  Pennsylvania  ;  "  and  I  shall  consume  none  of  the  brief 
time  allotted  to  me  by  following  the  gentleman  from 
Kentucky.  .  .  .  But,  sir,  the  privilege  is  not  often 

23* 


270  AMENDMENT    OF    THE    CONSTITUTION. 

given  to  men  to  perform  an  act,  the  influence  of  which 
will  be  felt  beneficently  by  the  poor,  the  oppressed,  the 
ignorant,  and  the  degraded  of  all  lands,  and  which 
will  endure  until  terminated  by  the  wreck  of  matter 
and  the  crush  of  worlds.  I  rise  that  I  may  thus 
publicly  thank  God,  and  the  good  people  by  whose 
suffrages  I  am  here  to-day,  for  the  golden  opportunity 
afforded  me  of  doing  such  an  act." 

Mr.  Edgerton  (Dem.)  of  Indiana  avowed  that  it 
was  "better  for  our  country,  better  for  man,  that  negro 
slavery  exist  a  thousand  years,  than  that  American 
white  men  lose  their  constitutional  liberty  in  the  extinc 
tion  of  the  constitutional  sovereignty  of  the  Federal 
States  of  this  Union."  — "  Never,"  said  Mr.  Arnold 
(Rep.)  of  Illinois,  "since  the  day  when  John  Adams 
pleaded  for  the  Declaration  of  Independence,  has  so 
important  a  question  been  submitted  to  an  American 
Congress  as  that  upon  which  you  are  now  about  to 
vote.  The  sirming  of  the  immortal  Declaration  is 

O  O 

a  familiar  picture  in  every  log-cabin  and  residence 
all  over  the  land.  Pass  this  resolution,  and  the  grand 
spectacle  of  this  vote,  which  knocks  off  the  fetters  of 
a  whole  race,  will  make  this  scene  immortal."  Mr. 
Ingersoll  (Rep.)  of  Illinois,  the  successor  of  Owen 
Lovejoy,  followed  Mr.  Arnold  in  an  earnest  and 
eloquent  appeal  for  the  amendment.  "  I  know  full 
well,"  he  said,  "if  the  lamented  Lovejoy,  my  honored 
and  noble  predecessor,  could  come  to-day  from  the 
unseen  world,  and  take  his  place  among  us,  his  manly 
and  eloquent  voice  would  be  heard  in  this  hall,  as  in 
days  past,  with  all  the  earnestness  of  his  great  soul, 
pronouncing  in  favor  of  the  adoption  of  this  resolution 


AMENDMENT    OF    THE    CONSTITUTION.  271 

in  favor  of  universal  liberty  and  the  rights  of  man 
kind." 

Mr.  Randall  (Dem.)  of  Pennsylvania  maintained  that 
"  the  only  mode  in  which  the  Union  can  be  restored, 
and  put  on  the  march  of  a  newer  and  more  glorious 
progress,  is  by  having  due  regard  to  the  mutual  advan 
tages  and  interests  of  the  States."  Mr.  Rollins  of 
Missouri  opposed  the  amendment  in  an  earnest  speech. 
Mr.  Pendleton  (Dem.)  of  Ohio  moved,  as  a  substi 
tute  for  the  joint  resolution,  a  provision  submitting  it 
to  the  conventions  of  the  several  States,  so  that  the 
ratification,  if  at  all,  shall  be  by  conventions  of  three- 
fourths  of  the  States.  Mr.  Pendleton  made  an  elabo 
rate  speech  in  opposition  to  the  amendment  of  the 
Constitution.  "We  must,"  he  said,  "retrace  our 
steps ;  we  must  return  to  State  rights."  At  the  close 
of  Mr.  Pendleton's  speech,  the  House  proceeded  to 
vote.  The  amendments  proposed  by  Mr.  Wheeler 
and  Mr.  Pendleton  were  rejected.  Mr.  Holman  de 
manded  the  yeas  and  nays  on  the  passage  of  the  joint 
resolution,  and  they  were  ordered. 

The  question  was  taken  ;  and  it  was  decided  in  the 
negative, — yeas  93,  nays  65,  not  voting  23, —  as  fol 
lows  :  — 

YEAS.  —  Messrs.  Alley,  Allison,  Ames,  Anderson,  Arnold,  Baily, 
John  D.  Baldwin,  Baxter,  Beaman,  Blaine,  Blair,  Blow,  Boutwell, 
Boyd,  Brandegee,  Broomall,  Ambrose  W.  Clark,  Freeman  Clarke, 
Cobb,  Cole,  Creswell,  Dawes,  Deming,  Dixon,  Donnelly,  Driggs, 
Eckley,  Eliot,  Farnsworth,  Fenton,  Frank,  Garfield,  Gooch,  Griswold, 
Hale,  Higby,  Hooper,  Hotchkiss,  Asaliel  W.  Hubbard,  John  H.  Hub- 
bard,  Hulburd,  Ingersoll,  Jenckes,  Julian,  Kasson,  Kelley,  Francis 
W.  Kellogg,  Orlando  Kellogg,  Littlejohn,  Loan,  Longyear,  Marvin, 
M'Clurg,  M'Indoe,  Samuel  F.  Miller,  Moorhead,  Morrill,  Daniel 
Morris,  Amos  Myers,  Leonard  Myers,  Norton,  Odell,  Charles  O'Neill, 


272  AMENDMENT    OF    THE    CONSTITUTION. 

Orth,  Patterson,  Ferham,  Pike,  Price,  Alexander  II.  Rice,  John  H. 
Rice,  Schenck,  Scofield,  Shannon,  Sloan,  Smith,  Smithers,  Spalding, 
Starr,  Stevens,  Thayer,  Thomas,  Tracy,  Upson,  Van  Valkenburgh, 
Elihu  B.  Washburne,  Webster,  Whaley,  Wheeler,  Williams,  Wilder, 
Wilson,  Windom,  and  Woodbridge,— 93. 

NAYS.  —  Messrs.  James  C.  Allen,  William  J.  Allen,  Ancona,  Ashley, 
Augustus  C.  Baldwin,  Bliss,  Brooks,  James  S.  Brown,  Chanler, 
Coffroth,  Cox,  Cravens,  Dawson,  Denison,  Eden,  Edgerton,  Eldridge, 
English,  Finck,  Ganson,  Grider,  Harding,  Harrington,  Herrick,  Hoi- 
man,  Hutchins,  Philip  Johnson,  William  Johnson,  Kalbfleisch,  Kernan, 
King,  Law,  Lazear,  Le  Blond,  Long,  Mallory,  Marcy,  M'Allister, 
M'Dowell,  M'Kinney,  William  H.  Miller,  James  R.  Morris,  Morrison, 
Noble,  John  O'Neill,  Pendleton,  Pruyn,  Radford,  Samuel  J.  Randall, 
Robinson,  Rogers,  James  S.  Rollins,  Ross,  Scott,  John  B.  Steele, 
William  G.  Steele,  Stiles,  Strouse,  Stuart,  Sweat,  Wadsworth,  Ward, 
Chilton  A.  White,  Joseph  W.  White,  and  Fernando  Wood,  —  65. 

NOT  VOTING.  —  Messrs.  William  G.  Brown,  Clay,  Henry  Winter 
Davis,  Thomas  T.  Davis,  Dumont,  Grinnell,  Hall,  Benjamin  G. 
Harris,  Charles  M.  Harris,  Knapp,  M'Bride,  Middleton,  Nelson,  Perry, 
Pomeroy,  William  H.  Randall,  Edward  H.  Rollins,  Stebbins,  Voorhees, 
William  B.  Washburn,  Winfield,  Benjamin  Wood,  and  Yeaman,  — 23. 

So  the  joint  resolution  was  not  passed  ;  two-thirds 
not  having  voted  in  favor  thereof.  Mr.  Odell  (Dem.) 
of  New  York,  Mr.  Griswold  (Dem.)  of  New  York, 
Mr.  Bally  (Dem.)  of  Pennsylvania,  and  Mr.  Wheeler 
(Dem.)  of  Wisconsin,  voted  for  the  joint  resolution. 
Mr.  Ashley  (Rep.)  changed  his  vote  from  the  affirma 
tive  to  the  negative,  for  the  purpose  of  submitting,  at 
the  proper  time,  a  motion  to  reconsider.  Mr.  Ash 
ley  entered  his  motion  to  reconsider  the  vote  ;  and  that 
motion  is  now  the  pending  question  in  the  House. 


273 


CHAPTER  XIV. 

REPEAL  OF  FUGITIVE^ SLAVE  LAWS. 

MR.  HOWE'S  BILL. — MR.  WILMOT*S  BILL. — MR.  WILSON'S  BILL.  —  MR.  STE- 
VENS'S  BILL.  —  MR.  ASHLEY'S  BILL.  —  MR.  JULIAN'S  BILL.  —  SPECIAL 
COMMITTEE  ON  SLAVERY.  —  MR.  SUMNER'S  BILL  AND  REPORT. —  MR. 
FOSTER'S  SPEECH.  —  MR.  SHERMAN'S  AMENDMENT.  —  MR.  JOHNSON'S 
SPEECH.  —  MR.  SUMNER'S  SPEECH.  —  MR.  SALISBURY'S  AMENDMENT. 

—  MR.    BROWN'S    SPEECH.  —  MR.    HOWARD'S    AMENDMENT.  —  REMARKS 

OF  MR.  CONNESS.  —  MR.  MORRIS'S  BILL.  —  REMARKS  OF  MR.  MALLORY.  — 
MR.  MORRIS.  —  MR.  WILSON.  —  MR.  PENDLETON.  —  MR.  KING.  —  MR.  COX. 

—  MR.  HUBBARD.  —  MR.  FARNSWORTH.  —  PASSAGE  OF  MR.  MORRIS'S  BILL 
IN  THE  HOUSE.  —  MR.  MORRIS'S  BILL  REPORTED  BY  MR   SUMNER.  — 
MR.  SAULSBURY'S  AMENDMENT.  —  MR.  JOHNSON'S  AMENDMENT. —  PAS 
SAGE  OF  THE  BILL. 

IN  the  Senate,  on  the  26th  of  December,  1861,  Mr. 
Howe  (Rep.)  of  Wisconsin  introduced  a  bill  to 
repeal  the  Fugitive-slave  Act  of  1850.  In  presenting 
the  bill,  Mr.  Howe  declared  that  "  the  act  has  had  its 
day.  As  a  party  act,  it  htj,s  done  its  work.  It  has 
probably  done  as  much  mischief  as  any  other  one  act 
that  was  ever  passed  by  the  National  Legislature.  I 
am  not  sure  but  it  has  done  as  much  mischief  as  all 
the  acts  ever  passed  by  the  National  Legislature  since 
the  adoption  of  the  Federal  Constitution."  The  bill  was 
read  twice,  referred  to  the  Committee  on  the  Judiciary, 
and  reported  back  adversely  by  Mr.  Ten  Eyck  (Rep.) 
of  New  Jersey,  on  the  llth  of  February,  1863. 

On  the  23d  of  May,  1862,  Mr.  Wilmot  (Rep.) 
of  Pennsylvania  introduced  a  bill  requiring  an  oath  of 
allegiance  in  certain  cases  and  for  other  purposes.  The 


274  REPEAL    OF   FUGITIVE-SLAVE    LAWS. 

bill  provided,  that  before  any  person  owing  service  shall 
be  delivered  up,  and  before  any  process  shall  be  here 
after  issued  for  the  arrest  of  any  fugitive  from  service, 
the  person  so  claiming  such  service  shall  solemnly  swear 
that  he  will  support  and  defend  the  Constitution  and 
Government  of  the  United  States  against  all  enemies, 
domestic  or  foreign ;  and  that  he  has  not,  by  word  or 
deed,  given  aid,  comfort,  or  encouragement  to  the  Re 
bellion  ;  that,  in  all  cases  of  arrest  of  persons  claimed 
as  fugitives  from  service,  it  shall  be  the  duty  of  the 
officer  before  whom  such  fugitive  shall  be  taken  to  sum 
mon  before  him  such  witnesses  as  the  fugitive  shall,  on 
oath,  declare  to  be  material  to  disprove  any  of  the  alle 
gations  of  the  claimant,  or  to  establish  his  freedom  ;  and, 
in  the  examination  and  trial  of  such  cases,  no  witness 
shall  be  excluded  on  account  of  color.  Mr.  Wilmot's 
bill  was  read  twice,  referred  to  the  Committee  on  the 
District  of  Columbia,  and  reported  back  on  the  27th 
of  May  by  Mr.  Wade  (Rep.)  of  Ohio  without  amend 
ment. 

On  the  24th  of  May,  1«<?;1  Mr.  Wilson  (Rep.)  of 
Massachusetts  introduced  a'jfil  to  amend  the  Fugitive- 
slave  Act  of  1850.  The  bill  secured  to  persons  claimed 
as  fugitives  from  service  or  labor  in  one  State  a  right  to 
a  trial  by  jury  in  the  District  Court  of  the  United  States 
for  the  district  in  which  they  may  be  ;  the  proceedings 
to  be  the  same  as  on  an  indictment,  subject  to  a  writ  of 
error  from  the  Circuit  Court  and  from  the  Supreme 
Court,  as  provided  in  the  Judiciary  Act  of  1789.  It 
gave  to  such  persons  held  for  trial  the  right  to  bail 
before  and  pending  the  trial.  It  required  that  the  per 
son  claiming  the  service  of  any  fugitive  should  prove 


REPEAL    OF    FUGITIVE-SLAVE    LAWS.  275 

that  he  was  loyal  to  the  Government,  and  had  not  in 
any  manner  aided  the  Rebellion ;  and  it  repealed  sec 
tions  six,  seven,  eight,  nine,  and  ten,  and  part  of 
section  five,  of  the  act  of  Sept.  18,  1850.  Mr.  Wil 
son,  on  the  10th  of  June,  moved  to  take  up  the  bill  for 
consideration.  Mr.  Powell  (Dem.)  of  Kentucky  de 
manded  the  yeas  and  nays  ;  and  they  were  ordered,  — 
yeas  25,  nays  10.  So  the  motion  was  agreed  to  ;  and 
the  Senate  proceeded  to  its  consideration.  Mr.  Trum- 
bull  (Rep.)  of  Illinois,  remarking  that  the  bill  was  a 
long  one,  and  the  hour  was  late,  moved  an  adjournment ; 
which  was  carried. 

In  the  House  of  Representatives,  after  the  announce 
ment  of  the  standing  committees  of  the  Thirty-eighth 
Congress,  on  the  14th  of  December,  1863,  the  Speaker 
stated  that  the  first  business  in  order  was  the  call  of  the 
States  for  bills  and  joint  resolutions.  Mr.  Stevens 
(Rep.)  of  Pennsylvania  introduced  a  bill  to  repeal  the 
Fugitive-slave  Act,  approved  Feb.  12,  1793,  and  the 
act  amendatory  thereto,  approved  Sept.  18,  1850;  Mr. 
Ashley  (Rep.)  of  Ohio  introduced  a  bill  to  repeal  the 
Fugitive-slave  Act  of  1850,  a^d  all  acts  and  parts  of  acts 
for  the  rendition  of  fugitive  slaves  ;  Mr.  Julian  (Rep.) 
of  Indiana  introduced  a  bill  to  repeal  the  third  and 
fourth  sections  of  the  act  respecting  fugitives  from  jus 
tice,  and  persons  escaping  from  the  service  of  their 
masters,  approved  Feb.  12,  1793,  and  the  act  to  amend 
and  supplementary  to  the  aforesaid  act,  approved  Sept. 
18,  1850  ;  and  these  bills  were  referred  to  the  Judiciary 
Committee.  On  the  same  day,  Mr.  Julian  submitted  a 
resolution,  instructing  the  Judiciary  Committee  to  re 
port  a  bill  to  repeal  the  third  and  fourth  sections  of  an 


276  REPEAL,    OF   FUGITIVE-SLAVE    LAWS. 

act  respecting  fugitives  from  justice  and  persons  escap 
ing  from  the  service  of  their  masters,  approved  Feb.  12, 
1793  ;  and  the  act  to  amend  and  supplementary  to  the 
aforesaid  act,  approved  Sept.  18,  1850.  Mr.  Holman 
(Dem.)  of  Indiana  moved  to  lay  the  resolution  on  the 
table,  and  demanded  the  yeas  and  nays,  —  yeas  82, 
nays  73. 

In  the  Senate,  on  the  13th  of  January,  1864,  Mr. 
Sumner  moved  that  a  select  committee  of  seven  be  ap 
pointed  to  take  into*  consideration  all  propositions  con 
cerning  slavery  and  the  treatment  of  freedmen.  The 
resolution  was  agreed  to ;  and  the  Yice-President  ap 
pointed  Mr.  Sumner  (Rep.)  of  Massachusetts,  Mr. 
Howard  (Rep.)  of  Michigan,  Mr.  Carlile  (Dem.)  of 
Virginia,  Mr.  Pomeroy  (Rep.)  of  Kansas,  Mr.  Buck- 
alew  (Dem.)  of  Pennsylvania,  Mr.  Brown  (Rep.)  of 
Missouri,  and  Mr.  Conness  (Union)  of  California.  Mr. 
Sumner,  Mr.  Howard,  Mr.  Pomeroy,  and  Mr.  Brown, 
are  recognized  as  thorough,  earnest,  radical  antislavery 
men  ;  Mr.  Carlile  is  a  proslavery  man  from  conviction ; 
Mr.  Buckalew  is  a  fair  representative  of  the  sentiments, 
opinions,  and  policy  of  0ie  leaders  of  the  Northern 
Democracy ;  Mr.  Conness,  though  trained  in  the  faith 
of  the  Democratic  party,  is  an  earnest  and  uncompro 
mising  opponent  of  slavery  and  its  champions  in  every 
form. 

On  the  8th  of  February,  Mr.  Sumner  asked  and 
obtained  leave  to  introduce  a  bill  to  repeal  all  laws 
for  the  rendition  of  fugitive  slaves ;  which  was  read 
twice  by  its  title,  and  referred  to  the  Select  Com 
mittee  on  Slavery  and  Freedmen.  Mr.  Sumner,  on 
the  29th  of  February,  from  the  Select  Committee  on 


REPEAL    OF   FUGITIVE-SLAVE    LAWS.  277 

Slavery,  reported  a  bill,  accompanied  by  a  report,  for 
the  repeal  of  all  acts,  and  parts  of  acts,  requiring  the 
rendition  of  fugitive  slaves.  The  bill  was  read  twice, 
and  the  report  ordered  to  be  printed.  Mr.  Sumner 
stated  that  the  minority  of  the  committee  desired  to 
present  their  views  in  the  form  of  a  minority  report. 
Mr.  Conness  moved  to  print  ten  thousand  extra  copies 
of  the  report.  Mr.  Buckalew,  on  the  1st  of  March, 
asked  leave  of  the  Senate  to  present  a  report  from  the 
minority  of  the  Committee  on  the  Repeal  of  the  Fugi 
tive-slave  Acts ;  and  the  report  was  received ;  and,  on 
motion  of  Mr.  Powell,  it  was  ordered  to  be  printed. 
He  also  moved  to  print  ten  thousand  extra  copies  of  the 
report ;  and  the  motion  was  referred  to  the  Committee 
on  Printing.  Mr.  Sumner's  report  in  support  of  the 
bill  was  lengthy,  elaborate,  and  exhaustive.  The  legal, 
political,  and  moral  aspects  of  the  question  were  fully 
presented.  Mr.  Bucka lew's  report  discussed  the  ques 
tions  involved  in  the  light  of  the  legislation  and  judicial 
decisions  of  the  Government,  and  the  avowals  of  the 
public  men  of  the  past. 

On  the  7th  of  March,  Mr.  Sumner  asked  the  Senate 
to  take  up  the  bill,  with  a  view  to  make  it  the  special 
order  for  a  future  day.  His  motion  was  agreed  to  ;  and 
he  moved  to  make  it  the  special  order  for  the  9th  of 
March,  and  it  was  carried.  On  Wednesday,  the  9th, 
Mr.  Sumner  called  for  the  special  order.  Mr.  Davis  of 
Kentucky  expressed  a  desire  to  debate  the  bill ;  and  on 
motion  of  Mr.  Sumner,  at  the  suggestion  of  Mr.  Hen- 
dricks,  it  was  postponed  to  Wednesday,  the  16th,  and 
made  the  special  order  for  one  o'clock.  On  the  19th, 
Mr.  Sumner  moved  that  the  Senate  proceed  to  the  con- 

24 


278  REPEAL    OF    FUGITIVE-SLAVE    LAWS. 

sideration  of  the  bill.  Mr.  Trumbull  demanded  the 
yeas  and  nays,  —  yeas  26,  nays  10;  Mr.  Cowan,  Mr. 
Willey,  and  Mr.  Van  Winkle,  voting  with  the  Demo 
cratic  senators  in  the  negative.  The  bill  was  reported 
to  the  Senate,  ordered  to  be  engrossed,  and  read  a  third 
time.  Mr.  Foster  of  Connecticut  was  "  not  prepared  to 
see  the  bill  pass  just  now."  Mr.  Sumner  had  "not  the 
least  desire  to  address  the  Senate.  It  seems  to  be  per 
fectly  plain.  It  is  like  a  diagram  ;  it  is  like  the  multipli 
cation-table  ;  it  is  like  the  ten  commandments."  Mr. 
Foster  did  not  apprehend  that  the  bill  was  to  be  put  on 
its  passage  at  the  present  time  :  he  confessed  he  ex 
pected  to  say  something  upon  it.  Mr.  Pomeroy  thought 
"we  might  as  well  pass  the  bill  now."  Mr.  Buckatew 
called  for  the  yeas  and  nays,  and  they  were  ordered. 
Mr.  Hendricks  said,  "It  may  be  that  our  fathers  erred 
in  the  agreement  among  themselves  that  a  fugitive  slave 
should  be  returned ;  it  may  be  that  it  was  a  mistake  on 
their  part :  but  while  their  agreement  stands,  and  while 
my  oath  is  upon  my  conscience  to  respect  that  agreement, 
I  cannot  vote  for  a  bill  like  this."  Mr.  Sherman  had 
"  some  doubt  about  the  expediency  of  now  repealing  the 
law  of  1793."  Mr.  Sumner  said  the  committee  felt 
"  that  we  had  better  make  a  clean  thing  of  it,  purify  the 
country,  lift  the  country  up  before  foreign  nations,  and 
let  us  now  wash  our  hands  of  all  support  of  slavery." 
Mr.  Sherman  said  that  "the  law  of  1793  was  framed 
by  the  men  who  framed  the  Constitution.  It  has  been 
declared  to  be  valid  and  constitutional  by  every  tribunal 
that  has  acted  upon  it."  Mr.  Sumner  replied  that  "it 
was  declared  to  be  unconstitutional  by  the  Supreme 
Court  of  the  United  States  in  the  Prigg  case ;  and  the 


REPEAL    OF    FUGITIVE-SLAVE    LAWS.  279 

senator  knows  very  well  that  it  is  among  the  records  in 
the  life  of  Judge  Story,  who  gave  the  opinion  in  the 
Prigg  case,  that  the  fatal  objection  to  the  act  of  1793, 
that  it  did  not  give  a  trial  by  jury  in  a  case  of  human 
freedom,  was  never  argued  before  the  court,  and  that 
he  personally  considered  it  an  open  question."  Mr. 
Sherman  said,  "Under  these  circumstances,  I  prefer  not 
to  repeal  the  law  of  1793,  about  the  constitutionality  of 
which  I  have  little  doubt."  Mr.  Sherman  then  moved 
to  reconsider  the  vote  ordering  the  bill  to  be  "engrossed, 
for  the  purpose  of  offering  an  amendment ;  and  the  vote 
was  reconsidered.  He  then  moved  to  add  at  the  end 
of  the  bill  the  words,  "except  the  act  approved  Feb. 
12,  1793,  entitled  'An  act  respecting  fugitives  from  jus 
tice,  and  persons  escaping  from  the  service  of  their  mas 
ters.'  "  Mr.  Henderson  moved  to  amend  the  amendment 
of  the  senator  from  Ohio  by  repealing  the  act  of  1850  ; 
and  then  the  act  of  1793  will  certainly  remain  in  force, 
because  the  act  of  1850  is  merely  amendatory  of  the 
act  of  1793.  Mr.  Sherman  thought  "we  had  better 
repeal  all  the  laws  on  the  subject,  .except  the  act  of 
1793."  Mr.  Johnson  said  that  "the  Constitution  as  it 
is  now,  according  to  my  interpretation  of  it,  not  only 
authorizes  the  passage  of  the  act  of  1793,  and  the 
passage  of  the  act  of  1850,  but  made  it  the  duty  of 
Congress  to  pass  some  law  of  that  description.  The 
honorable  member  from  Massachusetts  is  mistaken,  I 
tlnnk,  in  supposing  that  Mr.  Justice  Story  ever  even 
doubted  the  constitutionality  of  the  act  of  1793."  Mr. 
Sunmer  would  "  simply  refer  the  senator  to  the  Life  of 
Judge  Story,  by  his  son,  and  the  elaborate  chapter  on 
the  Prigg  decision."  Mr.  Johnson  had  seen  it.  "There 


280  REPEAL    OF    FUGITIVE-SLAVE    LAWS. 

is,"  he  said,  "  one  question  which  is  perfectly  plain  under 
the  adjudications  of  the  Supreme  Court,  and  particularly 
in  the  judgment  pronounced  by  Mr.  Justice  Story,  that 
the  Constitution  itself  is  a  fugitive-slave  act."  —  "To 
my  mind,"  said  Mr.  Sumner,  "nothing  is  clearer  than 
that,  according  to  unquestionable  rules  of  interpreta 
tion,  the  clause  of  the  Constitution,  whatever  may  have 
been  the  intent  of  its  authors,  cannot  be  considered 
applicable  to  slaves.  Such  is  slavery,  that,  from  the 
nature  of  the  case,  it  cannot  be  sanctioned  or  legalized 
except  by  '  positive  '  words.  It  cannot  stand  on  infer 
ence."  The  question,  being  taken  by  yeas  and  nays  on 
Mr.  Sherman's  amendment,  resulted  —  yeas  24,  nays 
17  —  as  follows  :  — 

YEAS.  —  Messrs.  Buckalew,  Carlile,  Collamer,  Cowan,  Davis,  Dixon, 
Doolittle,  Foster,  Harris,  Henderson,  Hendricks,  Howe,  Johnson,  Lane 
of  Indiana,  M'Dougall,  Nesmith,  Powell,  Riddle,  Saulsbury,  Sherman, 
Ten  Eyck,  Trumbull,  Van  Winkle,  and  Willey,  — 24. 

NAYS.  —  Messrs.  Anthony,  Brown,  Clark,  Conness,  Fessenden, 
Grimes,  Hale,  Howard,  Lane  of  Kansas,  Morgan,  Morrill,  Pomeroy, 
Ramsey,  Sprague,  Sumner,  Wilkinson,  and  Wilson,  — 17. 

Mr.  Saulsbury  moved  an  amendment  of  two  sections 
concerning  arrests  without  due  process  of  law  :  9  sena 
tors  voted  yea,  and  27  senators  voted  nay.  "I  do 
not  wrish,"  said  Mr.  Conness,  "to  cast  a  vote  for  this 
measure  in  its  present  shape.  I  had  intended,  before 
the  debate  closed,  if  it  was  debated,  to  say  something 
on  the  subject.  I  do  not  design  that  now ;  and,  as 
the  Senate  have  seen  fit  to  amend  the  bill,  I  cannot  vote 
for  it.  At  present,  therefore,  I  move  that  it  lie  on  the 
table."  Mr.  Sumner  hoped  the  senator  "  would  with 
draw  that  motion."  —  "For  what  reason ?"  asked  Mr. 
Conness.  "For  the  reason,"  replied  Mr.  Sumner, 


REPEAL    OF    FUGITIVE-SLAVE    LAWS.  281 

"that  we  get  something  by  this  bill."  Mr.  Wilson 
asked  for  the  yeas  and  nays  on  the  motion  to  lay  the 
bill  on  the  table,  and  they  were  ordered.  The  vote, 
being  taken,  resulted  —  yeas  9,  nays  31.  Mr.  Powell 
moved  the  reference  of  the  bill  to  the  Judiciary  Com 
mittee.  The  motion  was  rejected.  Mr.  Johnson  said, 
"  I  understand,  as  the  bill  now  is,  it  repeals  all  the 
fugitive-slave  acts,  except  that  of  1793."  — "Yes,"  an 
swered  senators.  "Then  I  shall  vote  for  it;  because, 
as  I  never  would  have  voted  for  the  Fugitive-slave  Act 
of  1850,  I  shall  certainly  vote  for  its  repeal."  Mr. 
Foster  expressed  a  wish  to  make  a  few  remarks  upon 
the  bill,  and  the  Senate  adjourned.  On  the  20th,  the 
Senate  proceeded  to  the  consideration  of  the  bill ;  and 
Mr.  Foster  made  an  elaborate  speech  in  favor  of  the 
bill  as  amended  on  motion  of  Mr.  Sherman.  "I  shall 
give,"  he  said,  "  my  vote  on  its  passage  with  very  great 
pleasure.  Its  effect  will  be  to  repeal  the  law  of  1850, 
popularly  known  as  the  Fugitive-slave  Law ;  in  my 
opinion  a  most  iniquitous  measure,  and  certainly  most 
obnoxious  to  the  people  of  the  free  States  from  the  day 
of  its  passage  to  the  present  hour.  That  bill  was 
passed  in  a  period  of  great  excitement  in  the  country. 
A  malicious  arid  malignant  spirit  had  been  excited. 
Sectional  and  partisan  feeling  raged  over  the  land.  An 
arrogant  and  defiant  party,  in  their  pride  of  power, 
passed  that  bill  through  both  Houses  of  Congress.  It 
has  the  forms  of  law,  and  has  stood  unrepealed  to  this 
day.  From  the  first  day  I  had  the  honor  of  a  seat  in 
this  body  until  now,  I  should  have  voted  cheerfully  for 
its  repeal  at  any  time." 

Mr.  Brown  of  Missouri  declared  that  "  the  ainend- 
24* 


282  REPEAL   OF   FUGITIVE-SLAVE    LAWS. 

rnent  of  the  senator  from  Ohio  (Mr.  Sherman),  which 
has  been  adopted  by  the  Senate,  makes  this  bill,  as  it 
now  stands,  tantamount  to  a  revival  of  the  Fugitive- 
slave  Act  of  1793.  It  is  a  virtual  re-instating  and 
re-authorization,  so  far  as  the  vote  of  the  Senate  can 
go,  of  that  act." 

Mr.  Van  Winkle  of  West  Virginia,  on  the  21st, 
addressed  the  Senate  in  opposition  to  "the  series 
of  projected  measures  now  pending  in  one  or  both 
Houses  of  Congress,"  and  in  vindication  of  the  policy 
of  organizing  the  State  of  West  Virginia,  and  abolishing 
slavery  therein.  Mr.  Howard  expressed  a  desire  to  offer 
an  amendment.  Mr.  Wilson  moved  a  reconsideration 
of  the  vote  ordering  the  bill  to  be  engrossed,  to  allow 
that  motion  to  be  made  ;  and  the  vote  was  reconsidered. 
Mr.  Howard  moved  to  insert  at  the  end  of  the  bill  the 
following  amendment :  "  But  no  person  found  in  any 
Territory  of  the  United  States  or  in  the  District  of 
Columbia  shall  be  deemed  to  have  been  held  to  labor  or 
service  or  to  be  a  slave,  nor  shall  he  or  she  be  removed 
under  said  act  of  1793  ;  and  the  fourth  section  of  said 
act  is  hereby  repealed."  Mr.  Doolittle  moved  an  ex 
ecutive  session.  Mr.  Sumner  suggested  that  it  should 
be  an  hour  later.  Mr.  Brown  thought  we  could  not 
finish  the  bill  this  evening.  Mr.  Fessenden  did  not  like 
to  interfere  with  this  bill,  but  he  must  "  give  notice  to 
gentlemen,  that,  unless  they  choose  to  dispose  of  it 
this  afternoon  or  by  to-morrow  at  one  o'clock,  I  must 
then  move  to  go  on  with  the  Army-appropriation  Bill." 
Mr.  Sumner  hoped  we  should  go  on  with  the  bill  at 
least  for  another  hour.  Mr.  Conness  hoped  we  should 
not  go  on  with  the  consideration  of  this  bill.  "  I  do  not 


REPEAL    OF    FUGITIVE-SLAVE    LAWS.  283 

understand  the  anxiety  of  my  honorable  friend  from 
Massachusetts  in  pressing  this  bill  in  its  present  condi 
tion."  Mr.  Pomeroy  hoped  the  senator  from  Massa 
chusetts  would  let  the  question  go  over :  there  were 
half  a  dozen  amendments  to  be  proposed.  Mr.  Sumner 
said,  if  the  friends  of  the  measure  request  that  it  shall  not 
be  pressed  to-day,  he  would  not  throw  himself  in  their 
way.  Mr.  Conness  moved  that  it  be  postponed  to,  and 
made  the  order  of  the  day  for,  Wednesday,  the  27th  of 
April,  at  one  o'clock ;  and  the  motion  was  agreed  to  ; 
and  Mr.  Sumner's  bill  was  postponed,  and  not  again 
called  up  for  consideration. 

The  several  bills  to  repeal  the  Fugitive-slave  Act, 
introduced  on  the  14th  of  December,  1863,  by  Mr. 
Stevens,  Mr.  Ashley,  and  Mr.  Julian,  and  the  bill  after 
wards  introduced  by  Mr.  Spaulding,  were  referred  to 
the  Judiciary  Committee.  On  the  6th  of  June,  Mr. 
Morris  (Rep.)  of  New  York  reported,  for  the  several 
bills  referred  to  the  Judiciary  Committee  on  that  subject, 
a  substitute,  entitled  "A  bill  to  repeal  the  Fugitive- 
slave  Act  of  1850,  and  all  acts,  and  parts  of  acts,  for  the 
rendition  of  fugitive  slaves."  The  bill  was  read  twice, 
ordered  to  be  printed,  and  recommitted.  Mr.  Holman 
(Dem.)  of  Indiana  moved  to  reconsider  the  vote  by 
which  the  bill  was  recommitted  to  the  Committee  on  the 
Judiciary,  and  also  moved  to  lay  the  motion  to  recon 
sider  on  the  table.  The  House  divided,  —  ayes  26, 
noes  57  ;  no  quorum  voting.  Mr.  Wilson  of  Iowa  .called 
for  the  yeas  and  nays,  and  they  were  ordered.  The 
question  was  taken,  and  it  was  decided  in  the  negative, 
—  yeas  44,  nays  66.  The  vote  by  which  the  bill  was 
recommitted  was  then  reconsidered.  Mr.  Morris  with- 


284  REPEAL   OF   FUGITIVE-SLAVE    LAWS. 

drew  the  motion  to  recommit ;  and  the  bill  was  ordered 
to  be  engrossed,  and  read  a  third  time.  Mr.  Morris 
moved  the  previous  question  on  the  passage  of  the  bill, 
and  the  main  question  was  ordered.  Mr.  Holman  called 
for  the  yeas  and  nays  on  its  passage,  and  they  were  or 
dered.  Mr.  Mallory  (Dem.)  of  Kentucky  desired  to 
ask  Mr.  Morris  a  question,  if  he  would  withdraw  the 
previous  question.  Mr.  Morris  declined  to  withdraw  it. 
Mr.  Mallory  wished  to  state  to  the  House  the  reason 
why  he  asked  Mr.  Morris  to  withdraw  the  previous 
question.  Mr.  Morris  said,  if  the  gentleman  does  not 
want  over  two  minutes,  I  will  yield  to  him.  "  Think  of 
it !  "  exclaimed  Mr.  Cox  (Dem.)  of  Ohio  :  "they  con 
descend  to  give  us  two  minutes  to  discuss  the  repeal  of 
the  Constitution." — "Kentucky  is  the  only  State,"  said 
Mr.  Mallory,  "  still  adhering  to  the  Union,  which  has  not 
abolished  or  taken  the  initiatory  steps  to  abolish  slavery. 
...  I  demand,  as  an  act  of  justice  to  my  State,  that 
the  Fugitive-slave  Act  be  permitted  to  remain  on  the 
statute-book.  .  .  .  If  the  Fugitive-slave  law  is  repealed, 
and  your  provost  marshals  and  recruiting  officers  draft 
and  recruit  the  slaves  of  Kentucky,  if  this  policy  is  con 
tinued,  what  need,  think  you,  will  there  be  to  abolish 
slavery  by  constitutional  amendment?  Sir,  I  warn  you 
against  the  course  this  Congress  is  pursuing.  Already 
you  have  crushed  out  every  feeling  of  love  of  the  Union 
in  the  people  of  the  revolted  States  ;  and  you  are  be 
sotted  if  you  think  that  acts  of  oppression  and  wrong 
can  be  perpetrated  in  the  Border  slave  States,  without 
producing  estrangement  and  even  enmity  there.  Ken 
tucky  has  remained  true  to  her  faith  pledged  to  the 
Government,  and  I  warn  you  not  to  persevere  in  inflict- 


REPEAL    OF    FUGITIVE-SLAVE    LAWS.  285 

ing  on  her  insult  and  outrage."  Mr.  Morris  said  he 
must  decline  to  withdraw  the  call  for  the  previous  ques 
tion.  Mr.  Mallory  did  not  expect  that  he  would  yield  : 
"  Justice  is  a  thing  that  I  have  long  ceased  to  hope  for 
from  that  side  of  the  House." 

A  series  of  motions  designed  to  stave  off  or  delay  the 
passage  of  the  bill  were  then  made,  in  which  Holman 
(Dem.)  of  Indiana,  Pendleton  (Dem.)  of  Ohio,  An- 
cona  (Dem.)  of  Pennsylvania,  Strouse  (Dem.)  ,of 
Pennsylvania,  Dawson  (Dem.)  of  Pennsylvania,  and 
Eldridge  (Dem.)  of  Wisconsin,  took  part;  but  these 
motions  were  voted  down  by  large  majorities.  Mr. 
Davis  of  Maryland  suggested  the  postponement  of  the 
bill.  Mr.  Cox,  by  unanimous  consent,  appealed  to  Mr. 
Morris  to  postpone  it  for  the  present.  "To  what  time," 
asked  Mr.  Morris,  "does  that  side  of  the  House  propose 
to  postpone  the  question,  and  have  a  vote  taken  upon  it?" 
Mr.  Cox  would  refer  it  back  to  the  Judiciary  Committee. 
"If  the  other  side  of  the  House,"  replied  Mr.  Morris, 
"will  consent  to  the  designation  of  a  particular  day  when 
action  shall  be  had,  I  shall  be  inclined  to  postpone  the 
consideration  of  the  question."  Mr.  Wilson  of  Iowa 
said  "it  was  the  intention  of  the  Judiciary  Committee  to 
allow  every  member  of  the  House  full  time  to  examine  it. 
I  presume  it  will  be  satisfactory  to  the  committee  if  a 
particular  time  is  agreed  upon  for  taking  this  vote." 
Mr.  Morris  renewed  the  inquiry,  "How  long  a  time  do 
gentlemen  ask  for  discussing  this  question  ? "  Mr. 
Holman  wanted  such  time  as  may  be  deemed  reason 
able.  Mr.  Mallory  did  not  think  it  would  be  proper 
to  fix  any  time  within  which  this  discussion  must  take 
place.  Mr.  Pendleton  would. not  agree  to  any  under- 


286  REPEAL    OF   FUGITIVE-SLAVE    LAWS. 

standing  with  reference  to  a  vote  on  this  bill.  Mr. 
Morris  was  willing  to  postpone  the  bill  to  Monday,  the 
13th  of  June,  and,  after  reasonable  discussion,  take  the 
vote  that  day.  Mr.  Pendleton  declared  that  there  can 
be  no  unanimous  consent  in  regard  to  taking  the  vote, 
but  he  did  not  object  to  making  it  a  special  order ;  and 
the  further  consideration  of  the  bill  was  postponed  to 
Monday,  the  13th  of  June.  On  that  day,  the  bill  came 
up  by  special  order ;  and  Mr.  Morris,  who  reported  it, 
withdrew  the  previous  question,  and  gave  notice  that 
he  should  renew  the  motion  after  the  bill  should  have 
been  debated.  Mr.  King  (Dem.)  of  Missouri  made 
an  elaborate  speech  in  opposition  to  the  passage  of  the 
bill.  "  The  law,"  he  said,  "  now  sought  to  be  repealed, 
was  passed  in  the  discharge  of  a  solemn  duty  to  the 
slaveholding  States,  —  a  duty  enjoined  by  the  Constitu 
tion,  and  which  cannot,  in  my  opinion,  be  repealed  by 
Congress  without  a  total  disregard  of  an  imperative 
obligation."  Mr.  Hubbard  (Rep.)  of  Connecticut  advo 
cated  the  bill  in  a  brief,  earnest,  and  emphatic  speech. 
"I  make,"  he  said,  "no  distinction  whatever  between 
the  act  of  1793  and  the  act  of  1850.  To-day  they  are 
equally  obnoxious  ;  and,  in  my  opinion,  equally  infa 
mous.  I  revere  the  memory  of  the  founders  of  the 
Republic ;  but  I  am  not  so  infatuated  as  to  believe  that 
the  fathers  would  ever  have  passed  the  act  of  1793  had 
slavery  then  been  in  rebellion  against  them.  It  is  fit 
that  American  statesmen  in  this  age  of  the  world  ;  at  this 
period  of  the  great  American  war ;  at  a  time  when  the 
Republic  is  smarting  and  bleeding,  if  not  reeling,  under 
the  blows  that  slavery  has  given  it ;  and  at  a  time  when 
a  hundred  thousand  black  men  are  fighting  for  the  flag, 


REPEAL    OF    FUGITIVE-SLAVE    LAWS.  287 

and  not  one  against  it, — it  is  fit  that  American  statesmen, 
here  assembled  to  deliberate  and  act  upon  this  momen 
tous  question,  should  have  an  opportunity  to  record  their 
votes  for  posterity  to  read."  Mr.  Cox  next  addressed 
the  House  in  opposition  to  the  passage  of  the  bill  in  a 
sharp,  pungent,  partisan  speech,  during  which  he  had 
a  running  debate  with  Baldwin  of  Massachusetts,  Elaine 
of  Maine,  Cole  of  California,  and  Sloan  of  Wisconsin. 
He  closed  his  speech  by  an  arraignment  of  the  sup 
porters  of  the  Administration.  "Your  Executive,"  he 
said,  "is  a  usurper  of  the  powers  wisely  distributed  to" 
the  other  departments  of  the  Government.  Here  you 
sit  to-day,  striving  to  strike  down  the  only  mode  where 
by  one  peculiar  clause  of  the  Constitution  can  be  carried 
out,  and  propose  no  mode  as  a  substitute  either  by  State 
or  Federal  action.  Your  ideas  are  not  those  of  the 
higher,  but  of  the  lower  law.  They  do  not  come  from 
the  sources  of  law  and  light  and  love  above.  They  sun 
der  all  the  ties  of  allegiance,  and  all  the  sanctions  of 
faith.  You  are  destructionists  :  you  would  tear  down 
all  that  is  valuable  and  sacred  in  the  past,  and  build 
up  nothing  in  their  place.  You  are  revolutionists." 
Mr.  Sloan  (Rep.)  of  Wisconsin  defended  his  State 
for  its  action  in  regard  to  the  Fugitive-slave  Act  of 
1850.  Mr.  Morris  made  a  brief  speech  in  advocacy 
of  his  bill.  "These  statutes,"  he  said,  "are  repugnant 
to  the  sense  of  every  good  man  who  has  not  been  edu 
cated  to  believe  that  the  slave  code  is  more  imperative 
than  the  Constitution  itself.  I  say,  sweep  out  a  law 
which  no  man  respects  who  is  not  a  votary  of  human 
slavery.  It  is  an  abomination."  Mr.  Farnsworth 
(Rep.)  of  Illinois  closed  the  debate  in  a  very  brief 


288  REPEAL    OF    FUGITIVE-SLAVE    LAWS. 

speech.  In  reply  to  the  attack  made  by  Mr.  Cox  upon 
the  Administration  for  the  surrender,  to  the  authorities 
of  Cuba,  of  Arguelles,  Mr.  Farnsworth  said,  "  Oh  !  Mr. 
Speaker,  I  understand  where  the  trouble  is  with  that 
side  of  the  House.  The  effect  of  the  action  of  sending 
back  this  rascal  to  Cuba  was  the  emancipation  of  eighty 
human  beings:  that  is  where  the  shoe  pinches.  All 
the  trouble  is,  that,  upon  Arguelles  landing  in  Cuba,  the 
chains  fell  from  the  limbs  of  eighty  men  :  that  is  what 
troubles  my  friends  upon  the  other  side  of  the  House. 
If  he  had  stolen  money  or  horses,  some  petty  crime,  it 
would  have  been  all  well  enough,  and  you  would  have 
heard  no  dissent ;  but  he  is  so  infamous,  his  crime  so 
high-handed  and  God-defying,  that  he  is  worthy  of  a 
plank  in  the  Democratic  platform,  and  a  wail  from  the 
Democratic  party."  Mr.  Morris  demanded  the  previous 
question  upon  the  passage  of  the  bill;  and  the  main 
question  was  ordered  to  be  put.  Mr.  Hubbard  of 
Connecticut  demanded  the  yeas  and  nays  ;  and  they 
were  ordered.  The  question  was  taken ;  and  it  was 
decided  in  the  affirmative,  —  yeas  82,  nays  57.  Mr. 
Morris  moved  to  reconsider  the  vote  by  which  the  bill 
was  passed,  and  to  lay  that  motion  on  the  table ;  and 
it  was  agreed  to.  So  the  bill  prepared  by  Mr.  Morris, 
and  reported  by  him  from  the  Judiciary  Committee, 
passed  the  House  on  the  13th  of  June. 

In  the  Senate,  on  the  21st  of  June,  Mr.  Sum- 
ner  moved  that  the  Senate  proceed  to  the  consider 
ation  of  the  House  bill  for  the  repeal  of  all  laws 
for  the  rendition  of  fugitive  slaves.  Mr.  Hendricks 
of  Indiana  opposed  the  motion.  Mr.  Howard  of  Michi 
gan  said,  "  I  think  it  is  high  time  that  the  Senate  of  the 


REPEAL    OF   FUGITIVE-SLAVE    LAWS.  289 

United  States  should  take  this  subject  under  their  con 
sideration,  and  should  pass  upon  the  great  questions 
which  have  so  long  agitated  the  people  of  the  United 
States  connected  with  the  rendition  of  fugitive  slaves." 
Mr.  Saulsbury  opposed  taking  up  the  bill,  as  "  no  prac 
tical  good  can  result  from  it."  Mr.  Doolittle  moved 
"to  go  into  executive  session."  Mr.  Sumner  hoped 
not.  "  I  know,"  he  said,  "  of  nobody  who  proposes  to 
discuss  it,  unless  it  is  the  senator  from  Wisconsin,  if  he 
proposes  to  make  a  plea  for  slave-hunting."  Mr.  Davis 
of  Kentucky  said,  "  I  tell  the  senator  from  Massachu 
setts,  that  I  have,  as  I  said  some  days  ago,  the  sequel 
of  the  story  of  slavery  in  his  State  to  tell ;  and  I  expect 
to  tell  it  upon  this  bill.  I  have  no  doubt  it  will  be  very 
edifying  to  the  honorable  senator."  Mr.  Doolittle  said 
in  reply,  that  "  when  the  senator  from  Delaware  ex 
pressly  declares  to  the  Senate  that  this  question  must 
be  discussed,  and  shall  be  discussed ;  that  it  cannot  pass 
in  an  hour  nor  in  a  day ;  and  when  the  senator  from 
Kentucky,  with  whom  he  ought  certainly  to  be  some 
what  acquainted,  and  to  have  some  practical  sense  of 
his  powers  of  endurance,  —  when  he  comes  to  discuss  this 
question  of  repealing  the  Fugitive-slave  Law,  I  think  the 
honorable  senator  from  Massachusetts  does  great  injus 
tice  in  turning  upon  me,  and  asking  if  I  want  to  make 
a  r  plea  for  slave-hunting ; '  and  that  there  will  be  no 
speaking,  unless  it  is  by  the  honorable  senator  from 
Wisconsin."  —  "  The  speech  of  the  senator  from  Wis 
consin,"  replied  Mr.  Sumner,  "  belongs  to  the  class 
of  what  may  be  called  dilatory  motions,  or  a  speech 
to  sustain  a  dilatory  motion.  He  announces  to  us 
that  there  is  to  be  an  opposition  to  this  bill,  and 

25 


290  REPEAL    OF   FUGITIVE-SLAVE    LAWS. 

mentions  several  senators  who  menace  speeches."  Mr. 
Hale  was  against  both  motions, — "against  taking  up 
the  Fugitive-slave  Bill,  and  against  going  into  executive 
session.  There  are  several  very  important  bills,  relating 
to  the  navy,  on  the  calendar ;  and  I  have  received  urgent 
and  pressing  letters  from  the  Secretary  of  the  Navy  to 
call  the  attention  of  the  Senate  to  them."  Mr.  Powell 
was  opposed  to  all  the  motions,  and  for  taking  up  his 
bill  to  secure  freedom  of  elections.  He  did  "not  see 
what  good  armies  or  navies  are  going  to  do  us,  if 
we  have  no  freedom  of  elections."  Mr.  Hale  was  not 
willing  to  go  into  executive  session,  as  he  was  not  ready 
to  proceed  to  the  consideration  of  the  unfinished  busi 
ness  under  consideration  in  executive  session  when  we 
adjourned.  Mr.  Wilson  said,  "We  have  but  very  little 
business  in  executive  session  to  attend  to,  and  I  hope 
we  shall  take  up  the  measure  indicated  by  my  col 
league."  The  motion  to  go  into  executive  session  was 
lost.  Mr.  Conness  called  for  the  yeas  and  nays  on  Mr. 
Sumner's  motion  to  take  up  the  House  bill  to  repeal 
the  fugitive-slave  acts  ;  and  they  were  ordered, — yeas 
25,  nays  17.  The  bill  was  taken  up  for  consideration, 
and  the  Senate  took  a  recess  until  evening. 

On  the  22d,  Mr.  Sumner  moved  to  proceed  to  the 
consideration  of  the  bill  of  the  House  to  repeal  the 
fugitive-slave  acts.  Mr.  Hale  opposed  the  motion,  as 
he  desired  to  take  up  some  naval  bills  ;  and  demanded 
the  yeas  and  nays  :  and  Mr.  Sumner's  motion  was  lost, 
—  yeas  14,  nays  22.  At  the  evening  session,  Mr. 
Sumner  moved  to  take  up  the  House  bill  to  repeal  the 
fugitive-slave  acts.  Mr.  Chandler  said,  "  I  will  spend 
the  night  with  great  pleasure  with  the  senator  from 


REPEAL    OF   FUGITIVE-SLAVE    LAWS.  291 

Massachusetts  on  his  bill ;  but  to-morrow  I  shall  de 
mand  the  day  for  the  Committee  on  Commerce."  Mr. 
Saulsbury  would  adjourn  :  he  wanted  a  day  with 
out  the  "  nigger."  The  motion  to  adjourn  was  lost,  — 
yeas  8,  nays  28.  On  Mr.  Sumner's  motion  to  take  up 
the  bill,  the  yeas  were  26,  and  the  nays  12.  Mr.  Lane 
of  Indiana  moved  that  the  Senate  proceed  to  the  con 
sideration  of  executive  business,  —  yeas  16,  nays  19. 
Mr.  Saulsbury  moved  to  postpone  the  bill  indefinitely  ; 
and  the  question,  being  taken  by  yeas  and  nays,  result 
ed —  yeas  11,  nays  25.  Mr.  Sherman  was  willing  to 
give  to  Mr.  Davis  from  Kentucky,  who  was  absent,  a 
right  to  be  heard,  as  he  desired  to  speak  on  the  bill ;  but 
if  senators  "  propose  to  resort  to  parliamentary  tactics  for 
delay,  merely  to  defeat  a  vote  upon  the  bill,  which  the 
majority  have  a  right  to  pass,  I  am  perfectly  willing  to  go 
into  a  contest  of  physical  endurance." — "I  am  governed 
entirely,"  said  Mr.  Johnson,  "  by  the  wishes  of  the 
senator  from  Kentucky,  who  desires  an  opportunity  to 
be  heard."  Mr.  Willey  was  one  of  those  who  had 
voted  against  taking  up  this  bill.  "I  did  so, "he  said, 
"  simply  because  I  was  told  by  the  friends  of  the 
senator  from  Kentucky  that  he  desired  to  be  heard. 
If  a  majority  of  the  Senate  say  that  this  matter  is  to 
be  pressed  to-night,  I  will  yield  at  once."  Mr.  Sum- 
ner  would  meet  senators  half-way.  "I  propose  that 
we  shall  go  on  to-night,  and  perfect  the  bill,  but  sus 
pend  taking  the  vote  on  its  final  passage,  in  order  to 
give  the  senator  from  Kentucky  an  opportunity  of 
being  heard."  Mr.  Powell  accepted  Mr.  Sumner's 
proposition,  and  withdrew  his  motion  to  postpone  the 
further  consideration  of  the  bill  till  the  first  Monday 


292  REPEAL   OF   FUGITIVE-SLAVE    LAWS. 

of  December  next ;  and  it  was  reported  to  the  Senate 
without  amendment. 

On  the  23d  of  June,  the  bill  was  again  taken  up ; 
and  Mr.  Davis  of  Kentucky  addressed  the  Senate  in 
opposition  to  its  passage.  Mr.  Saulsbury  moved  to 
strike  out  all  after  the  enacting  clause,  and  to  insert  the 
words  of  the  Constitution  concerning  fugitives,  "and 
that  Congress  shall  pass  all  necessary  laws  for  the  ren 
dition  of  all  persons  who  shall  escape."  He  demanded 
the  yeas  and  nays;  and  they  were  ordered, — yeas  9, 
nays  29.  Mr.  Johnson  moved  to  strike  out  after  the 
word  "that,"  in  the  third  line,  the  following  words: 
"Sections  three  and  four  of  an  act  entitled  'An  act  re 
specting  fugitives  from  justice,  and  persons  escaping 
from  the  service  of  their  masters,  passed  Feb.  12,  1793.'" 
Mr.  Wilson  asked  for  the  yeas  and  nays  ;  and  they  were 
ordered.  Mr.  M'Dougall  said,  "  I  am  governed  by  the 
Constitution  of  the  United  States,  and  the  laws  passed 
under  the  Constitution ;  and  I  shall  govern  myself 
accordingly  in  my  votes."  The  question,  being  taken 
by  yeas  and  nays,  resulted  —  yeas  17,  nays  22.  Mr. 
Saulsbury  demanded  the  yeas  and  nays  on  the  passage 
of  the  bill ;  and  they  were  ordered,  —  yeas  27,  nays  12, 
as  follows  :  — 

YEAS.  — Messrs.  Anthony,  Brown,  Chandler,  Clark,  Conness,  Dixon, 
Fessenden,  Foot,  Grimes,  Hale,  Harlan,  Harris,  Hicks,  Howard,  Howe, 
Lane  of  Indiana,  Lane  of  Kansas,  Morgan,  Morrill,  Pomeroy,  Ramspy, 
Sprague,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  and  Wilson,  —  27. 

NAYS.  —  Messrs.  Buckalew,  Carlile,  Cowan,  Davis,  Johnson,  M'Dou- 
gall,  Powell,  Richardson,  Riddle,  Saulsbury,  Van  Winkle,  and  Willey, 
—  12. 

So  Mr.  Morris's  bill  repealing  the  fugitive-slave  acts 
passed  the  Senate  on  the  23d,  and  received  the  approval 
of  the  President  on  the  28th,  of  June,  1864. 


293 


CHAPTER  XV. 

PAY  OF   COLORED   SOLDIERS. 

MR.  WILSON'S  BILL.  —  MR.  GRIMES'S  AMENDMENT.  —  MR.  WILSON'S  JOINT 
RESOLUTION.  —  MR.  CONNESS'S  AMENDMENT.  —  REMARKS  OP  MR.  FES- 
SENDEN. —  MR.  WILSON.  —  MR.  FOSTER. —  MR.  SUMNER. —  MR.  JOHN 
SON.  —  MR.  GRIMES.  —  MR.  HOWE.  —  MR.  WILSON.  —  MR.  GRIMES.  —  MR. 
COWAN'S  AMENDMENT.  —  MR.  SUMNER'S  AMENDMENT.  —  MR.  WILSON'S 
AMENDMENT.  —  MR.  DOOLITTLE'S  AMENDMENT.  —  MR.  SUMNER'S  AMEND 
MENT  TO  MR.  COWAN'S  AMENDMENT.  —  MR.  WILSON'S  AMENDMENT. — 

REMARKS  OF  MR.  CLARK.  —  MR.  DAVIS'S  AMENDMENT.  —  MR.  COLLA- 
MER'S  AMENDMENT.  —  REMARKS  OF  MR.  FOOT.  —  MR.  SUMNER'S  AMEND 
MENT.  —  REMARKS  OF  MR.  WILKINSON.  —  MR.  WILSON.  —  MR.  HOWARD. 
—  MR.  JOHNSON.  —  MR.  FESSENDEN.  —  MR.  WILSON'S  BILL.  —  MR.  DA- 
VIS'S  AMENDMENT. — PASSAGE  OF  THE  BILL.  —  MR.  WILSON'S  AMEND 
MENT  TO  THE  ARMY  APPROPRIATION  BILL.  —  MR.  STEVENS'S  AMEND 
MENT.  —  REMARKS  OF  MR.  HOLMAN.  —  MR.  PRICE.  —  MR.  HOLMAN'S 
AMENDMENT.  —  CONFERENCE  COMMITTEES.  —  REPORT  ACCEPTED. 

IN  the  Senate,  on  the  8th  of  January,  1864,  Mr. 
Wilson  (Rep.)  of  Massachusetts  introduced  a  bill 
to  promote  enlistments.  It  was  read  twice,  referred  to 
the  Committee  on  Military  Affairs,  and  reported  back 
on  the  18th  with  amendments.  On  the  21st,  the 
Senate,  on  motion  of  Mr.  Wilson,  proceeded  to  its  con 
sideration.  The  second  section  provided  that  all  persons 
of  African  descent,  who  have  been  or  may  be  mustered 
into  the  military  service  of  the  United  States,  shall  re 
ceive  the  same  uniform,  clothing,  arms,  equipments, 
camp-equipage,  rations,  medical  and  hospital  attendance, 
pay  and  emoluments,  as  other  soldiers  of  the  regular  or 
volunteer  forces  of  the  like  arm  of  the  service  ;  and  that 

25* 


294          PAY  OF  COLORED  SOLDIERS. 

every  such  person  hereafter  mustered  into  service  shall 
receive  two  months'  pay  in  advance.  Mr.  Grimes 
asked  if  bounties  were  given  to  colored  soldiers  by 
the  bill.  Mr.  Wilson  replied,  that  bounties  were  not 
given,  but  that  two  months'  pay  in  advance  was  given. 
Mr.  Pomeroy  (Rep.)  of  Kansas  desired  to  know  if  there 
was  any  law  allowing  the  master  of  a  slave  compensa 
tion  for  the  services  of  the  slave.  Mr.  Wilson  replied, 
that  there  was  no  law  authorizing  the  War  Department 
to  allow  compensation  for  slaves,  other  than  the  general 
authority  to  use  the  commutation-money  to  obtain  sub 
stitutes. 

On  the  27th  of  January,  on  motion  of  Mr.  Wilson, 
the  Senate  took  up  the  bill  to  promote  enlistments  ;  arid 
Mr.  Grimes  moved  to  amend  the  second  section  by 
striking  out  the  words,  "  two  months'  pay  in  advance," 
and  inserting,  "  such  sums  in  bounty  as  the  President 
shall  order,  in  different  States,  and  parts  of  States,  not 
exceeding  a  hundred  dollars  ;  "  and  the  amendment  was 
agreed  to. 

On  the  3d  of  February,  Mr.  Wilson,  from  the  Com 
mittee  on  Military  Affairs,  reported  a  joint  resolution 
to  equalize  the  pay  of  colored  soldiers.  It  provided 
that  all  persons  of  color,  who  have  been  or  may  be  mus 
tered  into  the  military  service  of  the  United  States,  shall 
receive  the  same  uniform,  clothing,  arms,  equipments, 
camp -equipage,  rations,  medical  and  hospital  attend 
ance,  pay  and  emoluments  other  than  bounty,  as  other 
soldiers  of  the  regular  or  volunteer  forces  of  the  United 
States  of  like  arm  of  service,  during  the  whole  term  in 
which  they  shall  be  or  shall  have  been  in  such  service ; 
and  every  person  of  color  who  shall  hereafter  be  mustered 


PAY  OF  COLORED  SOLDIERS.          295 

into  the  service*  is  to  receive  such  sums  in  bounty  as  the 
President  shall  order,  in  the  different  States  and  parts 
of  the  United  States,  not  exceeding  a  hundred  dollars. 
The  Senate,  on  the  4th,  proceeded  to  the  consideration 
of  the  joint  resolution.  Mr.  Fessenden  (Rep.)  of 
Maine  wished  "  to  inquire  what  propriety  there  is  in  our 
going  back,  and  paying  them  this  increase  for  services 
already  rendered."  Mr.  Wilson  thought,  "  as  an  act  of 
justice,  the  bill  should  be  retrospective.  Gross  injus 
tice  has  been  done  towards  these  men,  and  it  ought  to 
be  corrected."  Mr.  Ten  Eyck  (Rep.)  of  New  Jersey 
thought  "  the  withholding  of  the  full  pay  to  men  who 
were  led  to  believe  they  would  receive  the  same  pay  as 
other  soldiers  has  occasioned  great  dissatisfaction,  not 
only  in  the  minds  of  those  troops,  but  of  all  their  friends 
at  home."  Mr.  Lane  (Rep.)  of  Kansas  hoped  "the 
joint  resolution  would  be  retrospective."  Mr.  Fessen 
den  was  in  favor,  and  had  ever  been  in  favor,  of  putting 
colored  soldiers  on  a  level  with  white  ones  ;  but  he  was 
opposed  to  paying  men  for  services  already  rendered, 
unless  the  men  were  promised  full  pay  by  orders 
emanating  from  the  War  Department.  Mr.  Conness 
(Union)  from  California  moved  to  strike  out  the  words, 
"  during  the  whole  time  in  which  they  shall  be  or  shall 
have  been  in  such  service,"  and  insert,  "from  and  after 
the  passage  of  this  act."  Mr.  Lane  hoped  the  amend 
ment  would  not  be  adopted :  "  The  senator  from  Cali 
fornia  should  not  attempt  to  perpetrate  such  an  outrage 
upon  a  gallant  regiment  of  his  State."  Mr.  Conness 
was  in  favor  of  equality  of  compensation  in  the  future ; 
but  "  neither  the  condition  of  the  treasury,  nor  the 
public  credit,  can  afford  '  these  acts  of  justice,'  as  they 


296          PAY  OF  COLORED  SOLDIERS. 

are  termed."  Mr.  Pomeroy  (Rep.)  of  Kansas  thought 
we  should  give  colored  soldiers  the  precise  pay,  and 
place  them  in  precisely  the  same  position,  as  white  sol 
diers.  Mr.  Doolittle  (Rep.)  of  Wisconsin  said,  "If  the 
Government  has  in  good  faith  made  a  promise  to  sol 
diers  who  have  enlisted  in  any  particular  regiment, 
whether  in  Massachusetts  or  anywhere  else,  that  prom 
ise  ought  to  be  kept."  He  thought  there  were  differ 
ences  in  the  condition  of  colored  troops  in  the  States. 
In  the  Northern  States,  they  were  in  the  same  condition 
as  the  white  soldiers  ;  but,  in  the  Southern  States,  the 
Government  was  doing  much  to  support  their  wives 
and  children,  and  some  account  should  be  made  of  this 
expenditure.  "I  wish,"  said  Mr.  Sumner,  "to  see  our 
colored  troops  treated  like  white  troops  in  every  respect. 
But  I  would  not  press  this  first  principle  by  any  re 
tro-active  proposition,  unless  where  the  faith  of  the 
Government  is  committed  ;  and  there  I  would  not  hesi 
tate.  The  treasury  can  bear  any  additional  burden 
better  than  the  country  can  bear  to  do  an  injustice." 
On  the  10th,  the  Senate  resumed  the  consideration  of 
the  joint  resolution  equalizing  the  pay  of  soldiers.  Mr. 
Foster  (Rep.)  thought,  "If  it  is  just  to  do  this,  it  is 
certainly  expedient ;  for  justice  is  always  the  highest 
expediency."  He  thought  justice  required  that  we  carry 
out  the  pledges  of  the  Government  or  of  public  officers ; 
"  but  justice  especially  requires  it  when  we  consider  that 
we  are  dealing  with  men,  a  great  portion  of  whom,  as  I 
have  suggested,  were  never  taught  to  read,  and  never 
could,  therefore,  know  what  the  written  law  of  the  coun 
try  was."  Mr.  Sumner  quoted  the  order  of  the  Secre 
tary  of  War  to  Governor  Andrew  of  Massachusetts, 


PAY  OF  COLORED  SOLDIERS.          297 

and  maintained  that  it  was  issued  under  the  law  of 
1861,  not  the  act  of  1862.  Mr.  Fessenden  could  not 
concur  in  Mr.  Sumner's  construction  of  the  act  of  1862. 
Mr.  Lane  (Rep.)  of  Indiana  thought,  "If  we  place 
colored  troops  hereafter  on  an  equality  with  the  white 
troops,  it  is  surely  as  much  as  they  can  ask,  either  from 
the  justice  or  the  generosity  of  this  Senate ;  for  no  man 
in  his  sober  senses  will  say  that  their  services  are  worth 
as  much,  or  that  they  are  as  good  soldiers."  Mr.  Wilson 
said,  "A  colonel  of  a  colored  regiment  stated  to  me,  the 
other  night,  that  his  regiment  made  a  march  of  forty- 
three  miles  in  the  late  expedition  to  North  Carolina, 
without  one  straggler ;  that  he  had  seen  but  one  case 
of  drunkenness  in  his  regiment  for  six  months.  All 
the  testimony  of  our  officers  who  took  these  troops 
with  prejudices  against  them  goes  to  show  that  they 
are  industrious ;  that  they  are  obedient ;  that  they  are 
deferential  in  their  manners ;  that  they  make  the  best 
kind  of  scouts  ;  that  they  know  the  country  well ;  that 
they  are  performing  their  duty  with  a  zeal  and  an  ear 
nestness  unsurpassed.  There  is  a  reason  for  this.  Take 
a  colored  man  who  has  been  degraded  by  popular  preju 
dice,  or  by  law,  or  in  any  other  way,  put  the  uniform 
of  the  United  States  upon  him,  and  let  him  follow  the 
flag  of  the  country,  and  he  feels  proud  and  elevated. 
They  are  fighting  for  the  elevation  of  their  race,  as  well 
as  for  our  country  and  our  cause,  and  for  the  emancipa 
tion  of  their  race  ;  and  well  may  they  perform  that  duty." 
Mr.  Sumner  said,  "I  hope  the  senator  from  Indiana 
will  pardon  me  if  I  refer  to  him  for  one  minute.  He 
is  so  uniformly  generous  and  just,  that  I  was  the  more 
surprised  when  I  listened  to  his  remarks  just  now.  I 


298         PAY  OF  COLORED  SOLDIERS. 

was  surprised  at  his  lack  of  generosity  and  his  lack  of 
justice  —  he  will  pardon  me  —  toward  these  colored 
soldiers.  I  was  surprised  —  he  will  pardon  me  —  at 
his  injustice  to  the  State  of  Massachusetts.  He  spoke 
disparagingly  of  the  colored  soldiers.  He  thought  they 
had  been  paid  enough.  He  thought  that  the  gallant 
blood  shed  on  the  parapets  of  Fort  Wagner  had  been 
paid  enough ;  and  he  failed  to  see  that  those  men  who  died 
for  us  on  that  bloody  night,  and  were  buried  in  the  same 
grave  with  their  colonel  who  led  them,  now  stood  alive 
in  this  presence  to  plead  for  the  equality  of  their  race." 
The  Senate,  on  the  13th,  resumed  the  consideration 
of  the  joint  resolution ;  and  Mr.  Conness  withdrew  his 
amendment  to  strike  out  the  retrospective  clause.  Mr. 
Sumner  offered  an  amendment,  that  in  regard  to  all  past 
services,  if  it  shall  appear  to  the  satisfaction  of  the 
Secretary  of  War  that  the  persons  were  led  to  sup 
pose  they  were  mustered  into  the  service  under  the 
act  of  July  22,  1861,  they  shall  receive  full  pay.  Mr. 
Anthony  thought  the  amendment  did  not  cover  the 
case.  "I  think  there  were  a  number  of  these  men 
—  I  know  it  was  so  in  my  State  —  who  were  led  to 
suppose  that  they  would  have  the  same  pay  as  the 
white  soldiers  as  soon  as  Congress  assembled ;  that  the 
manifest  injustice  of  paying  white  soldiers  one  price,  and 
colored  soldiers  another  price,  would  be  at  once  cor 
rected." —  "In  my  view,"  said  Mr.  Johnson,  "there  is 
no  obligation,  either  legal  or  moral,  upon  the  Govern 
ment  to  pay  these  men  more  than  the  law  entitles  them 
to.''  Mr.  Grimes  thought  "this  matter  is  being  com 
promised  by  attempting  to  cover  some  individual  cases 
in  a  general  law.  I  think,  however,  that  the  Chairman 


PAY  OF  COLORED  SOLDIERS.          299 

of  the  Committee  on  Military  Affairs  had  better  not 
involve  this  bill  with  any  reference  to  the  Massachusetts 
regiments  or  to  the  Rhode-Island  men  who  have  been 

O 

enlisted,  or  to  the  South-Carolina  regiments."  Mr. 
Howe  rose  "  to  assent  to  the  advice  given  by  the  sena 
tor  from  Iowa  :  it  is  eminently  sensible."  —  "  It  is  evi 
dent,"  said  Mr.  Wilson,  "after  what  has  been  said  here 
this  morning,  that  this  joint  resolution  is  delayed  by  the 
attempt  to  do  justice  to  some  ten  or  fifteen  or  twenty 
regiments  to  whom  this  promise  was  made.  I  think 
the  amendment  proposed  by  my  colleague  would  not 
apply  to  more  than  fifteen  or  twenty  regiments  at  most, 
and  it  would  be  at  the  discretion  of  the  Secretary  of 
War.  I  should  be  perfectly  willing  to  trust  it  in  his 
hands.  But,  as  I  see  that  I  cannot  get  the  resolution 
through  promptly  in  its  present  shape,  I  propose  to 
amend  it  by  striking  out  that  portion  which  makes  it 
retrospective,  —  by  striking  out  all  after  the  word  '  ser 
vice  '  in  the  ninth  line,  down  to  the  word  '  and '  in  the 
tenth  line,  and  inserting  'from  the  first  day  of  January, 
1864;'  so  that  it  will  read,  'As  other  soldiers  of  the 
regular  or  volunteer  forces  of  the  United  States  of  like 
arm  of  the  service,  from  and  after  the  first  day  of  Janu 
ary,  1864."  Mr.  Johnson  thought,  "If  the  Governor  of 
Massachusetts  has  made  a  promise  which  the  law  did 
not  authorize ;  if  he  has  created,  as  between  the  Massa 
chusetts  soldiers  and  the  Governor  of  Massachusetts,  an 
obligation  which  ought  to  be  redeemed,  let  Massachu 
setts  redeem  it."  — "  They  have  passed,"  said  Mr. 
Fessenden,  "a  law  to  redeem  it;  but  these  regiments 
refuse  to  receive  it  of  Massachusetts."  Mr.  Wilson 
explained  the  action  of  the  State,  and  the  position  of 


300         PAY  OF  COLORED  SOLDIERS. 

• 

the  colored  regiments  in  declining  to  receive  the  money 
of  Massachusetts.  "  They  enlisted  under  the  expecta 
tion  of  receiving  the  same  pay  as  other  troops,  and  they 
hold  the  Government  to  its  pledges."  Mr.  Johnson,  in 
reply,  said,  "  They  are  gentlemen  of  most  extraordinary 
sensibility."  —  "They  will  not  receive,"  said  Mr.  Colla- 
mer,  "  the  three  dollars  from  the  State,  or  the  ten  dollars 
from  the  United  States."  —  "I  will  say,"  replied  Mr. 
Johnson,  "  if  they  are  made  up  of  that  material,  they 
will  not  be  as  good  soldiers  as  we  hope  the  others  will 
be."  —  "They  have  made  their  record  on  that  point," 
replied  Mr.  Wilson.  "  I  sympathize,"  said  Mr.  Grimes, 
"a  great  deal  with  those  gallant  and  patriotic  noble 
young  men  who  have  gone  out  in  command  of  the 
Massachusetts  fifty-fourth  and  fifty-fifth  regiments,  and 
who  are  in  command  of  the  first  and  second  South-Caro 
lina  regiments.  I  know  a  great  many  of  them.  I  know 
them  to  be  gallant  and  patriotic  young  men.  But  I 
cannot  help  thinking  that  they  have  involved  us  un 
necessarily  in  trouble  in  connection  with  this  subject ; 
for  I  know  perfectly  well  that  it  was  through  their 
persuasions  that  these  colored  troops  in  South  Carolina 
declined  to  receive  the  money  that  Massachusetts  voted 
to  pay  them."  Mr.  Cowan  (Rep.)  would  vote  to  equal 
ize  the  pay,  but  was  opposed  to  retrospective  legislation 
in  this  case.  Mr.  Collamer  thought  Mr.  Sumner's 
amendment  did  "  not  reach  the  case  at  all.  It  puts  the 
question  of  paying  these  men  back  to  the  time  of  their 
enlistment,  upon  whether  they  were  led  to  believe  or 
did  believe  that  they  were  to  receive  thirteen  dollars 
a  month.  I  do  not  think  it  makes  any  difference  what 
they  were  led  to  believe  or  did  believe.  It  is  not  to  be 


PAY  OF  COLORED  SOLDIERS.          301 

put  upon  any  contingency  of  that  kind.  There  is  the 
written  enlistment ;  and  it  speaks  for  itself."  The 
amendment  was  lost. 

Mr.  Wilson  then  moved  to  strike  out  the  words, 
"during  the  whole  time  in  which  they  shall  be  or 
shall  have  been  in  such  service,"  and  to  insert  in 
lieu  thereof,  "  from  and  after  the  first  day  of  January, 
1864."  The  amendment  was  agreed  to.  Mr.  Doo- 
little  moved  to  amend  by  reserving  out  of  the  pay 
of  colored  soldiers  from  the  States  in  rebellion  four 
dollars  per  month  to  reimburse  the  Government  for 
expenses  incurred  in  feeding  and  clothing  women  and 
children  of  color  in  those  States.  Mr.  Conness  opposed 
the  amendment.  Mr.  Sherman  thought  it  not  only  just, 
but  in  accordance  with  the  practice  of  the  Government. 
Mr.  Grimes  objected  to  this  amendment.  "Is  it  just," 
he  inquired,  "to  take  four  dollars  from  the  pay  of  a 
man  who  has  no  wife,  and  put  it  into  a  common  fund?" 
Mr.  Wilson  believed  that  the  women  and  children,  being 
accustomed  to  outdoor  work,  instead  of  being  a  burden 
to  the  Government,  are  a  benefit  to  it.  Mr.  Lane  of 
Kansas  believed  that  "  the  families  of  the  colored  sol 
diers  are  self  *  sustaining  machines  almost  from  the 
moment  they  enter  our  lines.  I  hope,"  he  said,  "  that 
this  amendment  will  not  receive  a  single  vote  in  this 
Chamber ;  for  it  is  a  discrimination  between  the  soldiers 
of  the  arrny  of  the  United  States,  and  an  invitation  to 
Jeff.  Davis  to  persist  in  his  brutal  treatment  of  our 
gallant  troops."  Mr.  Doolittlc's  amendment  was  reject 
ed.  Mr.  Cowan  moved  to  strike  out  all  after  the  enact 
ing  clause,  and  insert,  "  That,  from  and  after  the  passage 
of  this  resolution,  the  soldiers  of  the  United  States  of 

20 


302          PAY  OF  COLORED  SOLDIERS. 

America,  of  the  same  grade  and  service,  shall  be  entitled 
to  the  same  pay,  rations,  and  pension.  Mr.  Sumner 
moved  to  amend  the  original  bill  by  adding  as  a  proviso  : 
"Provided,  that  in  all  cases  of  past  service,  where  it 
shall  appear  to  the  satisfaction  of  the  Secretary  of  War, 
by  the  actual  papers  of  enlistment,  that  such  persons 
were  enlisted  as  volunteers  under  the  act  of  July,  1861, 
the  pay  promised  by  that  act  shall  be  allo.wed  from  the 
commencement  of  such  service."  The  question,  being 
taken  by  yeas  and  nays,  resulted  —  yeas  16,  nays  21. 
Mr.  Cowan  earnestly  advocated  his  amendment.  He 
was  in  favor  of  "  treating  the  negro  precisely  the  same 
as  any  other  man.  He  was  a  citizen  of  the  United 
States.  When  I  say  that  the  negro  is  a  citizen,  I  do 
not  mean  to  say  that  he  is  equal  to  the  white  man." 
Mr.  Saulsbury  rose  to  enter  his  "protest  against  the 
constitutional  views  of  the  senator  from  Pennsylvania." 
He  objected  to  the  words  "colored  soldiers"  and 
"  colored  persons."  They  used  the  word  "  negro  "  in  his 
State.  "  Now,  lo  and  behold,  in  the  advancement  of 
civilization  and  Christianity  and  refinement  of  which  we 
hear  so  much,  the  negro  has  got  to  be  a  '  colored  per 
son ;'  and,  when  you  come  to  provide  for  calling  him 
into  the  public  service,  there  must  be  perfect  equality ! 

On  motion  of  Mr.  Wilson,  the  Senate  resumed,  on 
the  16th,  the  consideration  of  the  joint  resolution. 
Mr.  Wilson  moved  to  amend  Mr.  Cowan's  amendment 
by  striking  out  all  after  the  word  "  that,"  and  inserting, 
"From  and  after  the  passage  of  this  resolution,  the 
soldiers  of  the  United  States  of  America,  of  the  same 
grade  and  service,  shall  be  entitled  to  the  same  pay, 
rations,  and  pension."  Mr.  Davis  then  gave  notice 


PAY  OF  COLORED  SOLDIERS.          303 

that  he  would  move  to  amend  Mr.  Cowan's  substitute. 
He  addressed  the  Senate  for  two  days  in  denunciation 
of  the  policy  of  the  Government,  and  in  reviewing  the 
history  and  criticising  the  action  of  Massachusetts. 

On  the  23d,  the  Senate  resumed  the  consideration 
of  the  joint  resolution  ;  the  pending  question  being  on 
Mr.  Wilson's  amendment  to  Mr.  Cowan's  substitute  for 
the  original  resolution.  Mr.  Wilson  modified  his 
amendment :  the  vote  was  taken  upon  it,  and  it  was 
lost.  Mr.  Davis  moved  three  resolutions  as  an  amend 
ment  in  the  nature  of  a  substitute  to  Mr.  Cowan's 
amendment.  The  amendment  proposed  that  all  negroes 
and  mulattoes  —  by  whatever  term  designated  —  in  the 
military  service  of  the  United  States,  be,  and  the  same 
are  hereby,  declared  to  be  discharged  from  such  service, 
and  shall  be  disarmed  as  soon  as  practicable.  Mr. 
Conness  demanded  the  yeas  and  nays,  and  they  were 
ordered.  Mr.  Clark  opposed  this  proposition  to  dis 
band  thousands  of  soldiers.  "  I  want,"  said  Mr.  Clark, 
w  the  black  man  to  have  arms  in  his  hands .  I  glory  in 
the  opportunity  of  putting  arms  in  his  hands,  that,  when 
he  puts  down  the  Rebellion,  he  may  put  down  for  ever 
the  institution  which  has  enslaved  him.  I  hail  in  it  the 
safety  of  the  black  man.  I  glory  in  his  elevation  :  and 
I  say  here  to  the  senator  from  Kentucky,  —  and  I  say 
it  unhesitatingly,  —  that,  when  you  have  put  arms  in 
the  hands  of  the  black  man,  you  cannot  enslave  him  ; 
and  therefore  I  would  give  him  arms.  I  would  make 
his  arms  his  protection.  I  would  teach  him  to  respect 
himself  as  a  man,  and  to  feel  that  he  is  respected,  and 
his  rights  preserved.  .  .  .  When  the  negro  was  brought 
into  the  service  of  the  country,  he  vindicated  himself; 


304         PAY  OF  COLORED  SOLDIERS. 

he  showed  that  he  could  make  a  good  soldier  ;  he 
showed  that  he  could  make  a  good  fighter ;  he  showed 
that  he  could  make  a  good  marcher ;  he  showed  that 
he  was  obedient  to  discipline ;  he  showed,  that,  in 
some  cases,  he  could  endure  more  than  the  white  man, 
and  was  equally  loyal  and  ready  to  fight.  Then,  if  the 
black  man  makes  a  good  soldier ;  if  he  goes  readily  to 
the  fight ;  if  he  stands  up  firmly  and  bravely,  and  gives 
his  blood  and  his  life  to  the  country, — I  ask,  Why 
should  he  not  be  paid  ?  Can  anybody  tell  me  ?  "  The 
vote  was  taken  on  Mr.  Davis's  amendment, — yeas  7, 
nays  30. 

Mr.  Collamer  proposed  to  amend  the  original  joint 
resolution  by  adding  to  it,  "All  persons  enlisted  into  the 
service  as  volunteers  under  the  call  dated  Oct.  17,  1863, 
who  were  at  the  time  of  enlistment  actually,  and  for  six 
months  previous  had  been,  resident  inhabitants  of  the 
State  in  which  they  volunteered,  shall  receive  from 
the  United  States  the  same  amount  of  bounty,  without 
regard  to  color ;  provided,  however,  that  the  forego 
ing  provision  shall  not  extend  to  any  State  which  the 
President  by  proclamation  has  declared  in  a  state  of 
insurrection."  Mr.  Foot  earnestly  and  eloquently  advo 
cated  this  amendment.  The  War  Department,  after  the 
call  of  October  for  three  hundred  thousand  men,  offered 
a  bounty,  to  all  accepted  volunteers,  of  $300.  "  This  is 
simply,"  he  said,  "  a  proposition  to  redeem  that  prom 
ise, a  promise  published  and  proclaimed  everywhere 

throughout  the  country  ;  in  every  nook  and  corner  of 
the  country,  at  the  threshold  of  every  hamlet  in  the 
country,  —  a  promise  everywhere  and  by  everybody  un 
derstood  as  applying  to  and  embracing  all  accepted  vol- 


FAY  OF  COLORED  SOLDIERS.          305 

unteers,  without  exception  of  class  or  color,  —  a  promise 
everywhere  and  by  everybody  so  interpreted  and  so 
relied  upon,  and  so  acted  upon"  Mr.  Sumner  moved 
to  amend  Mr.  Collainer's  amendment  by  adding,  "  that 
all  persons  whose  papers  of  enlistment  shall  show  that 
they  were  enlisted  under  the  act  of  Congress  of  July, 
1861,  shall  receive,  from  the  time  of  their  enlistment, 
the  pay  promised  by  that  statute,"  —  yeas  19,  nays  18. 
Mr.  Wilson  moved  to  amend  Mr.  Collainer's  amend 
ment  by  adding  the  word  "free"  after  the  word  "all,"  for 
the  reason  that  all  slaves  are  now  provided  for  by  law. 
Mr.  Wilkinson  earnestly  opposed  this  amendment,  and 
severely  criticised  the  provisions  of  the  Enrolment  Act 
for  drafting  and  enlisting  slaves.  "I  am  willing,"  said 
Mr.  Wilson  in  reply,  w  that  he  shall  denounce  that  mea 
sure.  That  act  says  to  every  slave  in  the  loyal  States, 
f  Enroll  your  name  among  the  defenders  of  the  Repub 
lic  ;  and,  the  hour  you  are  mustered  into  our  armies,  you 
are  a  free  man  for  evermore.'  The  Government  of  the 
United  States  by  that  act,  for  the  first  time  in  our  his 
tory,  has  declared  tens  of  thousands  of  slaves  in  the 
loyal  States  free,  upon  tlfeir  own  will  to  become  free. 
It  is  incomparably  the  greatest  emancipation  measure 
that  was  ever  passed  by  the  Congress  of  the  United 
States  ;  and  I  would  rather  have  my  name  to  that  bill, 
which  asserts  the  power  of  this  nation  to  emancipate 
every  slave  in  the  country  who  will  enroll  his  name 
among  the  defenders  of  the  Union,  than  to  any  measure 
for  wrhich  my  name  stands  recorded  in  favor  of  the  free 
dom  of  mankind.  Sir,  I  glory  in  the  vote,  and  I  glory 
in  that  measure."  Mr.  Howard  eloquently  defended 
his  vote  against  that  portion  of  the  Enrolment  Act  re- 

26* 


306          PAY  OF  COLORED  SOLDIERS. 

lating  to  mustering  slaves  into  the  service.  "  You  call 
him  to  aid  you  in  your  wars,"  he  said  :  "  your  necessities 
remit  him  to  the  condition  in  which  Nature  herself 
placed  him.  The  hand  of  robbery  becomes  palsied. 
Freedom,  his  birthright,  accrues  to  him  as  a  responsible 
being;  and  he  again  enjoys  what  was  not  yours  to 
give,  and  which  human  force  and  crime  have  withheld. 
The  Almighty,  not  you,  restores  to  him  the  gift  of  liber 
ty.  He  owes  you  nothing  for  it ;  not  even  gratitude." 
—  "The  senator  from  Michigan,"  said  Mr.  Johnson, 
"  seems  to  think  that  nothing  has  been  gained  by 
the  slave.  Nothing !  What  was  his  condition  be 
fore?  That  of  a  slave,  —  slavery  for  himself  and 
his  posterity  for  ever.  What  do  we  tell  him?  Come 
into  the  service  of  the  United  States,  and  you  shall  be 
free,  you  and  yours ;  the  shackles  that  have  bound 
your  limbs  shall  fall  from  them  ;  you  shall  stand  erect 
in  the  presence  of  your  Maker,  as  free  as  any  white 
man  who  treads  the  soil.  Is  that  nothing?" 

Mr.  Fessenden  addressed  the  Senate,  on  the  29th,  in 
explanation  of  his  sentiments  and  opinions.  He  had, 
from  the  beginning,  been  in  favor  of  placing  colored 
soldiers  on  the  same  footing  as  white  soldiers.  "  Pass," 
he  said,  "the  bill,  and  settle  the  principle  as  it  ought  to 
be  settled ;  place  the  colored  troops  on  the  same  level 
with  the  white  troops  in  all  cases  ;  let  them  receive  the 
same  pay  and  rations,  and  every  thing  else."  Mr. 
Grimes  moved  to  recommit  the  joint  resolution  to  the 
Military  Committee  ;  and  the  motion  was  agreed  to. 

On  the  2d  of  March,  Mr.  Wilson  reported  a  new 
bill,  in  lieu  of  the  original  joint  resolution  to  equalize 
the  pay  of  soldiers.  The  first  section  placed  colored 


PAY  OF  COLORED  SOLDIERS.          307 

soldiers  on  an  equality  with  white  soldiers  from  the 
1st  of  January,  1864 ;  the  second  section  gave  the 
same  bounties  to  colored  volunteers  in  the  loyal  States, 
under  the  call  of  October,  1863  ;  the.  third  section 
gave  to  all  persons  of  color,  who  have  been  enlisted 
and  mustered  into  the  service  of  the  United  States,  the 
pay  allowed  by  law  to  other  volunteers  in  the  service, 
from  the  date  of  their  muster,  if  it  has  been  pledged 
or  promised  to  them  by  any  officer  or  person,  who,  in 
making  such  pledge  or  promise,  acted  by  authority  of 
the  War  Department ;  and  the  Secretary  of  War  is  to 
determine  any  question  of  fact  arising  under  this  pro 
vision.  Mr.  Davis  moved  to  amend  the  bill  by  adding 
a  section  to  give  to  loyal  owners  of  slaves  such  compen 
sation  as  should  be  determined  by  commissioners  ap 
pointed  by  the  Circuit  Court.  On  the  9th,  Mr.  Davis 
spoke  at  great  length  upon  matters  pertaining  to 
slavery :  his  amendment  was  rejected  on  the  10th,  — 
yeas  6,  nays  31.  Mr.  Davis  then  demanded  the  yeas 
and  nays  on  the  passage  of  the  bill,  — yeas  31,  nays  6. 
So  the  joint  resolution  passed  the  Senate. 

On  the  22d  of  April,  Mr.  Wilson  moved  to  amend 
the  Army-appropriation  Bill  by  adding  as  an  amend 
ment  the  bill,  which  passed  the  Senate  on  the  10th  of 
March,  to  equalize  the  pay  of  soldiers  in  the  army.  In 
support  of  his  amendment,  he  said,  "  The  failure  of  Con 
gress  to  increase  the  pay  of  colored  soldiers  is  not  only 
checking  enlistments,  but  disastrously  affecting  the  men 
in  the  field.  Sir,  can  we,  dare  we,  hope  for  the  blessing 
of  Heaven  upon  our  cause,  while  we  perpetrate  these 
wrongs,  or  suffer  them  to  remain  unredressed?  Can  we 
demand  that  the  rebels  shall  give  to  our  colored  soldiers 


308          PAY  OF  COLORED  SOLDIERS. 

the  rights  of  civilized  warfare,  while  we  refuse  to  them 
equality  of  rights?  Can  we  redress  the  brutal  and 
bloody  butchery  at  Fort  Pillow,  while  we  continue  this 
injustice?  Sir,  the  whole  country  is  horrified  at  the 
barbarities  perpetrated  by  the  rebels  upon  our  colored 
soldiers.  The  civilized  world  will  be  shocked  as  it  reads 
of  the  bloody  butchery  at  Fort  Pillow.  Sir,  I  feel 
that  the  nation  is  doing  a  wrong  to  the  colored  soldiers 
hardly  less  wicked  than  the  wrongs  perpetrated  upon 
them  by  slaveholding  traitors."  Mr.  Fessenden  thought 
the  measure  ought  to  be  passed,  and  passed  at  once. 
If  the  Senate  would  waive  the  objection  to  put  it  on  the 
Appropriation  Bill,  he  would  not  object  to  it.  The 
amendment  was  agreed  to, — yeas  32,  nays  6. 

In  the  House,  on  the  30th  of  April,  Mr.  Stevens 
(Rep.)  of  Pennsylvania  asked  leave  to  report  from  the 
Committee  of  Ways  and  Means  the  Senate  amendments 
to  the  Army-appropriation  Bill.  Mr.  Holman  (Dem.) 
of  Indiana  opposed  the  amendment  equalizing  the  pay 
of  soldiers.  "I  protest  against  it,"  he  said,  "as  but  a 
part  of  your  general  policy,  which  seeks  by  the  force  of 
power  to  extinguish  every  vestige  of  the  old  Republic 
of  our  fathers,  wild,  reckless,  impracticable.  I  protest 
against  it  in  the  name  of  a  distracted  and  bleeding 
country,  which,  struggling  with  defiant  treason,  and 
demanding  prudence  and  patriotism  in  the  conduct  of  its 
affairs,  and  the  noblest  incentives  to  constancy  and  cou 
rage,  receives  at  your  hands  only  the  paralyzing  coun 
sels  of  fanaticism  and  passion."  Mr.  Price  (Rep.)  of 
Iowa  said,  "Gen.  Jackson,  in  his  day,  knew  something 
of  the  value  of  negro  soldiers  as  well  as  white  soldiers ; 
and  he  placed  them  upon  an  equality  as  to  pay  and 


PAY  OF  COLORED  SOLDIERS.         309 

rations."  —  "I  despise  the  principle,"  said  Mr.  Stevens, 
ft  that  would  make  a  difference  between  them  in  the  hour 
of  battle  and  of  death.  The  idea  that  we  are  to  keep 
up  that  distinction  is  abhorrent  to  the  feelings  of  the  age, 
is  abhorrent  to  the  feelings  of  humanity,  is  shocking  to 
every  decent  instinct  of  our  nature  ;  and  I  take  it  that  no 
man  who  is  not  wedded  to  the  institution  of  slavery,  or 
does  not  foster  it  for  the  sake  of  power,  will  go  with  the 
gentleman  from  Indiana."  Mr.  Holman  moved  to  strike 
out  the  word  "  pay,"  —  yeas  52,  nays  84.  Mr.  Schenck 
(Rep.)  of  Ohio  moved  to  amend  the  Senate  amendment: 
lost,  —  ayes  58,  noes  65.  The  Senate  amendment 
equalizing  the  pay  of  soldiers  was  agreed  to,  — yeas  80, 
nays  49.  Mr.  Schenck  moved  to  amend  that  portion 
of  the  Senate  amendment  giving  to  colored  volunteers 
the  same  bounties  allowed  to  white  volunteers  under  the 
call  of  October,  1863  ;  so  that  the  bounty  should  not 
exceed  a  hundred  dollars, — yeas  78,  nays  51.  Mr. 
Stevens  moved  to  strike  out  the  section  of  the  Senate 
amendment  authorizing  the  Secretary  of  War,  on  proof, 
to  allow  full  pay  to  volunteers  who  were  promised  it, 
and  to  insert  that  all  free  persons  of  color  shall  receive 
the  same  pay  as  other  soldiers,  —  yeas  73,  nays  54. 

The  Senate,  on  the  3d  of  May,  disagreed  to  the 
House  amendments,  asked  a  Committee  of  Conference  ; 
and  the  Chair  appointed  Mr.  Fessenden,  Mr.  Wilson, 
and  Mr.  Henderson,  conferrees.  The  House  insisted  on 
its  amendments  ;  and  the  Speaker  appointed  Mr.  Ste 
vens,  Mr.  Schenck,  and  Mr.  Morrison,  conferrees  on  the 
part  of  the  House.  The  Conference  Committee  were 
unable  to  agree.  A  second  Conference  Committee  was 
appointed,  and  the  Conference  Committee's  report  was 


310         PAY  OF  COLORED  SOLDIERS. 

rejected  by  the  House  on  the  26th  of  May ;  and  the 
House  appointed  Mr.  Stevens,  Mr.  Pendleton,  and  Mr. 
Davis  of  New  York,  conferrees,  and  asked  another  con 
ference.  The  Senate,  on  the  27th,  agreed  to  another 
Conference  Committee;  and  Mr.  Howe,  Mr.  Morrill,  and 
Mr.  Buckalew,  were  appointed  conferrees.  On  the  10th 
of  June,  the  committees  reported  that  the  House  recede 
from  its  amendment  reducing  the  bounty  of  volunteers 
enlisted  under  the  call  of  October,  1863,  from  three  hun 
dred  dollars  to  one  hundred  dollars ;  and  that "  all  persons 
of  color  who  were  free  on  the  nineteenth  day  of  April, 
1861,  and  who  have  been  enlisted  and  mustered  into  the 
military  service  of  the  United  States,  shall  from  the  time 
of  their  enlistment  be  entitled  to  receive  the  pay,  bounty, 
and  clothing  allowed  to  such  persons  by  the  laws  exist 
ing  at  the  time  of  their  enlistment.  And  the  Attorney- 
General  of  the  United  States  is  hereby  authorized  to 
determine  any  question  of  law  arising  under  this  pro 
vision  ;  and  if  the  Attorney  -  General  aforesaid  shall 
determine  that  any  of  such  enlisted  persons  are  entitled 
to  receive  any  pay,  bounty,  or  clothing,  in  addition  to 
what  they  have  already  received,  the  Secretary  of  War 
shall  make  all  necessary  regulations  to  enable  the  pay 
department  to  make  payment  in  accordance  with  such 
determination."  Mr.  Pendleton  refused  to  sign  the 
report.  Mr.  Sumner  desired  to  know  in  what  condition 
the  report  left  the  colored  troops  enlisted  in  South  Caro 
lina.  Mr.  Howe,  Chairman  of  the  Conference  Commit 
tee  replied,  that  it  made  no  provision  for  them,  unless 
they  were  free  at  the  breaking-out  of  the  war.  Mr. 
Sumner,  as  a  senator  from  Massachusetts,  might  be 
content,  as  the  regiments  from  his  State  were  cared  for; 


PAY  OF  COLORED  SOLDIERS.         311 

but  he  was  interested  in  the  adjustment,  on  principles  of 
justice,  of  colored  troops  from  other  States.  Mr.  Wilson 
said  there  was  no  doubt  that  the  South-Carolina  regi 
ments  ought  to  have  full  pay,  and  it  was  wrong  to 
quibble  about  it :  to  limit  the  provision  to  men  who 
were  free  in  1861  leaves  out  the  men  who  were  slaves 
then,  and  who  ought  to  have  justice  done  them.  Mr. 
Pomeroy  thought  injustice  was  done  to  regiments  from 
his  State.  Mr.  Conness  opposed  the  report  as  an  "  un 
just  discrimination."  Mr.  Howe  explained  and  defended 
the  report.  Mr.  Sumner  said,  "  The  last  chapter  of 
'Rasselas  '  is  entitled, '  A  conclusion  in  which  nothing  is 
concluded  ; '  and  I  think  that  title  may  be  properly  given 
to  the  report  of  this  committee."  —  "The  report  of  the 
committee,"  said  Mr.  Johnson,  "really  does  settle  no 
thing  ;  and  it  is  not  intended  to  settle  any  thing,  except 
contingently."  Mr.  Fessenden  appealed  to  senators  to 
concur  in  the  adoption  t)f  the  report.  "I  shall,"  said 
Mr.  Wilson,  "run  the  risk  of  it,  for  the  reason  that  the 
bill,  as  it  now  stands,  settles  the  question  of  equality  from 
the  1st  of  January  last ;  and,  in  the  next  place,  it  settles 
the  question  of  bounty  to  colored  men  who  are  liable  to 
be  drafted  in  the  loyal  States,  and  it  puts  their  matter  in 
the  control  of  the  Attorney-General,  whose  opinion,  I 
think,  cannot  be  any  thing  else  than  that  these  men  have 
the  right  which  they  claim."  Mr.  Henderson  was  un 
willing  to  pay  colored  troops  more  than  they  agreed  to 
receive  when  they  enlisted. 

On  the  llth,  Mr.  Wilson  moved  to  take  up  for  con 
sideration  the  report  of  the  Conference  Committee. 
Mr.  Sumner  did  not  think  the  report  creditable  to  Con 
gress;  and  he  concurred  in  its  acceptance  with  reluctance. 


312         PAY  OF  COLORED  SOLDIERS. 

"It  is,"  he  said,  "in  the  full  confidence  that  in  this  way 
we  shall  at  last,  through  the  opinion  of  the  Attorney- 
General,  obtain  that  justice  which  Congress  has  denied, 
that  I  consent  to  give  my  vote  for  this  report."  The 
report  was  accepted  by  the  Senate.  In  the  House, 
the  report  was  accepted  on  the  13th, — yeas  71,  nays 
58.  By  the  provisions  of  this  legislation,  colored  troops 
were  in  all  respects  placed  on  the  same  footing  as  white 
troops  from  the  1st  of  January,  1864.  Colored  vol 
unteers  in  the  loyal  States,  under  the  call  of  the  17th  of 
October,  1863,  were  allowed  the  same  bounty  as  white 
volunteers ;  all  colored  soldiers  free  on  the  19th  of 
April,  1861,  were  to  receive  full  pay;  and  the  Attorney- 
General  was  authorized  to  decide  whether  colored  men 
not  free  on  the  19th  of  April  were  entitled  to  the  same 
pay  as  white  soldiers.  The  Attorney-General  has  finally 
decided  that  colored  soldiers  are  in  all  respects  entitled 
to  the  same  compensation  as  white  soldiers. 


313 


CHAPTER  XVI. 

TO  MAKE  FREE   THE  WIVES  AND   CHILDREN  OF   COL 
ORED   SOLDIERS. 

MR.  WILSON'S  BILL  TO  PROMOTE  ENLISTMENTS.  —  MR.  POWELL'S  MOTION 
TO  STRIKE  OUT  THE  SECTION  TO  MAKE  FREE  THE  MOTHERS,  WIVES, 
AND  CHILDREN  OF  COLORED  SOLDIERS.  —  MR.  HENDERSON'S  AMEND 
MENT. —  REMARKS  OF  MR.  GRIMES.  —  MR.  WILKINSON.  —  REMARKS  OF 
MR.  JOHNSON.  —  MR.  SHERMAN'S  SPEECH.  —  MR.  CARLILE'S  SPEECH. — 
REMARKS  OF  MR.  DOOLITTLE.  —  MR.  BROWN'S  AMENDMENT.  —  MR.  WIL- 
SON'S  AMENDMENT.  —  MR.  WILKINSON'S  AMENDMENT.  —  REMARKS  OF 
MR.  SHERMAN.  —  MR.  GRIMES.  —  MR.  CONNESS'S  MOTION  TO  REFER  THE 
BILL. — REMARKS  OF  MR.  CLARK. — MR.  HOWARD.  —  MR.  FESSENDEN. — 
MR.  DAVIS'S  AMENDMENT.  —  MR.  WILKINSON'S  SPEECH.  —  MR.  WILSON'S 
JOINT  RESOLUTION. 

THE  third  section  of  the  bill  to  promote  enlistments, 
introduced  into  the  Senate  on  the  8th  of  January, 
1864,  by  Mr.  Wilson  of  Massachusetts,  declared  that 
when  any  man  or  boy  of  African  descent,  owing  service 
or  labor  in  any  State,  under  its  laws,  shall  be  mustered 
into  the  military  or  naval  service  of  the  United  States, 
he,  and  his  mother,  wife,  and  children,  shall  be  for  ever 
free.  On  the  27th  of  January,  the  Senate  proceeded 
to  the  consideration  of  the  bill  to  promote  enlistments. 
Mr.  Powell  (Dem.)  of  Kentucky  moved  to  strike  out 
the  third  section  giving  freedom  to  the  mother,  wife, 
and  children  of  the  colored  soldier.  Mr.  Powell  pro 
nounced  the  section  "  clearly  and  palpably  unconstitu 
tional.  There  is  certainly  no  power  in  this  Congress  to 
pass  any  such  law.  It  is  depriving  loyal  men  of  loyal 

27 


314     TO    MAKE    FREE    THE    WIVES    AND    CHILDREN 

States  of  their  property,  by  the  legislative  enactment  of 
this  Congress."  Mr.  Henderson  moved  to  strike  out 
the  words,  "his  mother,  and  his  wife  and  children,"  and 
insert,  "  and  his  mother,  his  wife  and  children,  shall 
also  be  free,  provided  that,  by  the  laws  of  any  State,  they 
owe  service  or  labor  to  any  person  or  persons  who  have 
given  aid  or  comfort  to  the  existing  Rebellion  against  the 
Government,  since  the  17th  of  July,  18G2."  Mr. 
Grimes  said,  "That  is  substantially  the  law  now.  The 
reason  why  I  shall  vote  for  this  section  is,  that  I  am 
exceedingly  anxious  to  pass  a  law  by  which  it  shall  be 
declared,  that  if  a  man  .who  has  perilled  his  life  for  me 
and  for  the  institutions  of  my  country  at  Port  Hudson  — 
I  care  not  what  kind  of  a  claim  may  be  set  up  to  his 
service,  or  who  may  set  it  up  —  is  claimed  by  any  one, 
that  claim  shall  not  be  regarded.  I  am  unwilling  that 
after  he  has  thus  perilled  his  life,  and  been  wounded  in 
my  defence,  he  shall  be  taken  off  to  slavery  by  any  per 
son,  or  under  any  sort  of  institution.  I  think  that  such 
a  proposition  as  this  will  meet  the  approval  and  com 
mendation  of  the  country  ;  and  I  rejoice  that  the  senator 
from  Massachusetts,  and  the  Committee  on  Military 
Affairs,  have  given  us  an  opportunity  to  record  our  votes 
in  favor  of  it."  Mr.  Wilkinson  said,  "  That  is  the  law  as 
it  now  stands  ;  and  if  the  senator  from  Missouri  wishes 
to  carry  out  the  purpose,  or  to  retain  this  provision  of 
the  existing  law,  all  he  has  to  do  is  to  oppose  this  sec 
tion  entirely.  I  think  that  law  is  the  most  disgraceful 
legislation  of  the  Congress  which  passed  it.  It  is  a 
disgrace  to  the  nation  to  pass  such  a  law  ;  and  I  am  very 
much  rejoiced  that  the  Committee  on  Military  Affairs 
have  introduced  this  bill  wiping  it  out."  Mr.  Render- 


OF   COLORED    SOLDIERS.  315 

son  did.  not  offer  the  amendment,  to  protect  slavery. 
ft  I  have  not  been  engaged,"  he  said,  "  very  recently  in 
the  protection  of  that  institution  ;  and,  so  far  as  I  can  go 
constitutionally  to  abolish  the  institution  throughout  the 
country,  I  most  unhesitatingly  would  do  so.  My  im 
pression  is,  that,  when  you  put  this  Rebellion  down, 
slavery  for  ever  dies,  because  of  the  fact  that  they  have 
organized  this  Rebellion  on  the  existence  of  the  institu 
tion  ;  and,  if  the  Rebellion  goes  by  the  board,  the  insti 
tution  itself  goes.  I  can  further  state  to  those  gentlemen, 
that  I  believe  no  State  will  again  take  its  place  in  the 
Union,  without  first,  by  the  action  of  its  own  people, 
abolishing  slavery." 

The  Senate  on  the  28th  resumed,  on  motion  of  Mr. 
Wilson,  the  consideration  of  the  bill.  Mr.  Wilkinson 
demanded  the  yeas  and  nays  on  Mr.  Henderson's 
motion  to  strike  out  "  his  mother,  and  his  wife  and 
children  ;  "  and  they  were  ordered.  Mr.  Johnson  should 
vote  in  favor  of  the  amendment.  "  I  doubt  very  much," 
he  said,  "  if  any  member  of  the  Senate  is  more  anxious 
to  have  the  country  composed  entirely  of  free  men  and 
free  women  than  I  am.  Sir,  the  bill  provides  that  a 
slave  enlisted  anywhere,  no  matter  where  he  may  be, 
whether  he  be  within  Maryland  or  out  of  Maryland, 
whether  he  be  within  any  other  of  the  loyal  States,  or 
out  of  the  loyal  States  altogether,  is  at  once  to  work 
the  emancipation  of  his  wife  and  children.  He  may  be 
in  South  Carolina  ;  and  many  a  slave  in  South  Carolina, 
I  am  sorry  to  say  it,  can  well  claim  to  have  a  wife,  or 
perhaps  wives  and  children,  within  the  limits  of  Mary 
land.  It  is  one  of  the  vices  and  the  horrible  vices  of 
the  institution,  one  that  has  shocked  me  from  infancy  to 


316  TO  MAKE  FREE  THE  WIVES  AND  CHILDREN 

the  present  hour,  that  the  whole  marital  relation  is  dis 
regarded.  They  are  made  to  be,  practically  and  by 
education,  forgetful  or  ignorant  of  that  relation.  When 
I  say  they  are  educated,  I  mean  to  say  they  are  kept  in 
absolute  ignorance  ;  and,  out  of  that,  immorality  of  every 
description  arises  ;  and  among  other  immoralities  is  that 
the  connubial  relation  does  not  exist." 

On  the  2d  of  February,  Mr.  Sherman  addressed  the 
Senate  upon  the  general  questions  of  employing  colored 
men  as  soldiers,  and  of  emancipation.  "On  the  subject 
of  emancipation,"  he  declared,  "I  am  ready  now  to  go 
as  far  as  any  one.  Like  all  others,  I  hesitated  at  first, 
because  I  could  not  see  the  effect  of  the  general  project 
of  emancipation.  I  think  the  time  has  now  arrived  when 
we  must  meet  this  question  of  emancipation  boldly  and 
fearlessly.  There  is  no  other  way.  Slavery  is  de 
stroyed,  not  by  your  act,  sir,  or  mine,  but  by  the  act  of 
this  Rebellion.  I  think,  therefore,  the  better  way  would 
be  to  wipe  out  all  that  is  left  of  the  whole  trouble,  —  the 
dead  and  buried  and  wounded  of  this  system  of  slavery. 
It  is  obnoxious  to  every  manly  and  generous  sentiment. 
From  the  beginning,  we  should  have  armed  the  slaves ; 
but  before  doing  so,  in  my  judgment,  we  ought  to  se 
cure  them  by  law,  by  a  great  guaranty,  in  which  you  and 
I,  and  all'  branches  of  the  Government,  would  unite  in 
pledging  the  faith  of  the  United  States,  that,  for  ever 
thereafter,  they  should  hold  their  freedom  against  their 
old  masters."  Mr.  Carlile  followed  Mr.  Sherman,  on 
the  8th,  in  opposition  to  the  bill.  He  emphatically  de 
clared,  that,  "if  it  shall  become  necessary  in  this  struggle 
for  the  confederates  to  arm  their  slaves,  they  will  arm 
and  emancipate  them  too ;  and  I  will  say  further,  if 


OF   COLORED    SOLDIERS.  317 

their  confederacy  never  crumbles  into  dust  until  it  does 
so  from  the  arming  and  emancipating  their  slaves,  it  will 
last  until  — 

'  Heaven's  last  thunder  shakes  the  world  below.' 

The  slaves  know  that  their  owners  have  the  legal  right 
to  emancipate  them.  Many  of  them  know  that  you 
have  not." 

On  the  9th,  the  Senate  resumed  the  consideration  of 
the  bill ;  the  pending  question  being  Mr.  Henderson's 
amendment  to  strike  out  "  his  mother,  wife,  and  chil 
dren."  Mr.  Doolittle  (Rep.)  of  Wisconsin  opposed  the 
bill,  but  favored  an  amendment  of  the  Constitution. 
"  Slavery,"  he  said,  "  is  dying,  dying,  all  around  us.  It 
is  dying  as  a  suicide  dies.  It  is  dying  in  the  House,  and 
at  the  hands  of  its  own  professed  friends.  The  sword 
which  it  would  have  driven  into  the  vitals  of  this  Repub 
lic  is  parried,  and  thrust  back  into  its  own.  And,  sir, 
let  it  die  ;  let  it  die.  Without  any  sympathy  of  mine, 
slavery  with  all  its  abominations  may  die,  and  go  into 
everlasting  perdition."  Mr.  Richardson  (Dem.)  of 
Illinois  asserted,  that,  "while  senators  are  struggling  for 
the  rights  of  the  negro,  they  forget  the  white  race,  —  the 
race  that  has  made  this  country  so  great  and  so  glorious  ; 
that  has  upheld  your  flag  in  triumph  on  every  ocean, 
and  has  carried  your  commerce  to  all  the  civilized  ports 
of  the  earth."  On  the  8th  of  March,  Mr.  Brown  (Rep.) 
of  Missouri  moved  to  amend  the  bill  by  striking  out  the 
third  section,  making  the  "  mother,  wife,  and  children  " 
of  the  colored  soldier  free,  and  inserting  an  amendment 
re-affirming  the  President's  proclamation  of  emancipa 
tion,  and  abolishing  slavery  throughout  the  United 

27* 


318  TO  MAKE  FREE  THE  WIVES  AND  CHILDREN 

States.  He  affirmed,  in  an  elaborate  speech  of  rare 
beauty  and  force,  "that  slavery  yet  liveth,  the  discus 
sion  which  has  attended  every  measure  introduced  here 
trenching  upon  it  sufficiently  attests.  Neither  dead,  nor 
willing  to  die,  but  struggling  for  being,  by  joint  and 
ligature  and  tissue  and  nerve,  that  some  centre  of  future 
growth  may  lurk  under  proviso  or  exception,  its  vitality 
"s  upheld  in  this  hour  by  appeal  to  the  same  constitu 
tionalisms  and  local  countenance  that  will  be  swift  to 
maintain  it  hereafter  if  this  epoch  shall  pass  without  its 
utter  extinction.  The  soldier  who  has  worn  our  uni 
form  and  served  under  our  flag  must  not  hereafter  labor 
as  a  slave.  Nor  would  it  be  tolerable  that  his  wife,  his 
mother,  or  his  child,  should  be  the  property  of  another. 
The  instinctive  feeling  of  every  man  of  generous  impulse 
would  revolt  at  such  a  spectacle.  The  guaranty  of 
freedom  for  himself,  his  mother,  his  wife,  and  his  child, 
is  the  inevitable  incident  of  the  employment  of  a  slave  as 
a  soldier.  If  you  have  not  the  power,  or  do  not  mean, 
to  emancipate  him,  and  those  with  whom  he  is  connect 
ed  by  domestic  ties,  then,  in  the  name  of  God  and 
humanity,  do  not  employ  him  as  a  soldier  !  " 

On  the  18th  of  March,  Mr.  Brown  withdrew  his 
amendment ;  and  Mr.  Wilson  moved  to  strike  out  the 
entire  bill,  and  insert,  "  That  when  any  person  of  African 
descent,  whose  service  or  labor  is  claimed  in  any  State 
under  the  laws  thereof,  shall  be  mustered  into  the  mili 
tary  or  naval  service  of  the  United  States,  his  wife  and 
children,  if  any  he  have,  shall  for  ever  thereafter  be  free, 
any  law,  usage,  or  custom  whatsoever,  to  the  contrary 
notwithstanding ;  that  it  shall  be  the  duty  of  the  com 
mission  appointed  in  each  of  the  slave  States  represented 


OF    COLORED    SOLDIERS.  319 

in  Congress  under  the  provisions  of  the  twenty-fourth 
section  of  the  '  Act  to  amend  an  act  entitled  "  An  act 
for  enrolling  and  calling  out  the  national  forces,  and  for 
other  purposes,"  approved  March  3,  1863,'  approved 
Feb.  24,  1864,  to  award  to  each  loyal  person,  to  whom 
the  wife  and  children  aforesaid  may  owe  service,  a  just 
compensation,  to  be  paid  out  of  any  moneys  which 
may  be  appropriated  by  Congress  for  that  purpose."  "  I 
propose,"  he  said,  "  in  this  amendment,  to  make  the  sol 
dier's  wife  and  children  free,  no  matter  to  whom  they 
belong.  We  have  provided  in  the  Enrolment  Act,  that 
a  slave  enlisted  into  the  military  service  of  the  United 
States  is  free  when  he  is  mustered  into  the  service.  We 
have  exercised  that  great  power  to  strengthen  the  Gov 
ernment  in  putting  down  the  Rebellion.  We  have 
enlisted  about  eighty  thousand  colored  men,  and  we 
are  continuing  to  enlist  colored  men,  in  all  parts  of  the 
country.  But,  sir,  the  enlistment  of  colored  men 
causes  a  vast  deal  of  suffering ;  for  a  great  wrong  is 
done  to  their  families,  and  especially  is  that  so  in  the 
State  of  Missouri.  Those  wives  and  children  who  are  left 
behind,  may  be  sold,  may  be  abused ;  and  how  can  a 
soldier  fight  the  battles  of  our  country  when  he  receives 
the  intelligence  that  the  wife  he  left  at  home,  and  the 
little  ones  he  left  around  his  hearth,  were  sold  into  per 
petual  slavery,  —  sold  where  he  would  never  see  them 
more?  Sir,  if  there  be  a  crime  on  earth  that  should 
be  promptly  punished,  it  is  the  crime  of  selling  into 
slavery,  in  a  distant  section  of  the  country,  the  wives  and 
children  of  the  soldiers  who  are  fighting  the  battles  of 
our  bleeding  country.  Now  wife  and  children  plead  to 
the  husband  and  father  not  to  enlist,  —  to  remain  at 


320  TO  MAKE  FREE  THE  WIVES  AND  CHILDREN 

home  for  their  protection.  Pass  this  bill,  and  the  wife 
and  children  will  beseech  that  husband  and  father  to 
fight  for  the  country,  for  his  liberty,  and  for  their  free 
dom."  Mr.  Wilkinson  moved  to  strike  out  the  second 
section  of  the  amendment,  which  proposed  to  pay  the 
estimated  value  of  wives  and  children  of  colored  sol 
diers.  Mr.  Pomeroy  would  amend  that  section.  "  I 
should  like,"  he  said,  "  to  have  that  section  amended  in 
the  eighth  line  by  striking  out  the  words,  f  to  award  to 
each  loyal  person  to  whom  the  wife  and  children  afore 
said  may  owe  service  a  just  compensation,'  and  inserting, 
f  to  settle  the  account  between  each  such  person  made 
free  and  his  or  her  owner,  and  award  to  each  party  such 
just  compensation  as  may  be  found  due.'" 

Mr.  Sherman  moved  to  postpone  the  bill  until  Thurs 
day  next,  with  a  view  that  we  may  act  upon  the  main 
proposition,  the  amendment  to  the  Constitution  to  abolish 
slavery  in  the  United  States.  Mr.  Sumner  said  the  main 
question  was  to  hit  slavery  wherever  and  whenever  it 
could  be  found.  "  I  think  it  is  a  measure  to  fill  up  our 
armies,"  said  Mr.  Wilson  ;  "  and  it  ought  not  to  be  post 
poned  an  hour.  Then,  as  a  matter  of  justice,  how  can 
you  go  to  a  man,  and  ask  him  to  enlist  to  fight  the  bat 
tles  of  his  country,  when  he  knows,  that,  the  moment 
his  back  is  turned,  his  wife  and  children  will  be  sold  to 
strangers  ?  "  Mr.  Wilkinson  believed  the  vote  to  be  a 
most  important  one,  and  the  proposition  of  Mr.  Sherman 
would  allow  it  to  be  more  fully  considered.  Mr.  Lane 
of  Kansas  differed  with  Mr.  Wilkinson  "as  to  the  question 
of  time.  This  is  a  bill,  that,  in  my  opinion,  should  be 
voted  upon  at  the  very  earliest  day,  or  else  we  should 
stop  enlisting  black  men."  Mr.  Grimes  said,  "Here  is  a 


OF   COLORED    SOLDIERS.  321 

bill,  which,  it  seems  to  me,  it  is  very  important  that  we 
should  pass  at  an  early  day  in  some  shape  or  other, 
either  in  the  shape  in  which  the  senator  from  Massa- 
sachusetts  (Mr.  Wilson)  presents  it  to  us,  and  which  I 
do  not  really  approve,  or  as  proposed  to  be  amended 
by  the  senator  from  Minnesota  (Mr.  Wilkinson),  or 
as  proposed  to  be  amended  by  the  senator  from  Mis 
souri  (Mr.  Brown)  ;  and  I  do  not  know  of  any  bill 
that  is  before  us,  or  that  is  likely  to  be  before  us 
to-day,  which  deserves  the  careful  and  the  immediate 
attention  of  Congress  more  than  this  bill  does."  —  "I 
suggested,"  said  Mr.  Sherman,  "in  its  discussion,  a 
long  time  ago,  practical  difficulties  which  the  senator 
from  Massachusetts  has  not  met.  Who  is  the  wife 
of  a  slave?  Who  is  the  child  of  a  slave?  What  is 
the  use  of  passing  this  bill,  without  employing  some 
definite  and  distinctive  language  that  will  embrace  the 
persons  whom  it  is  designed  to  embrace  ?  "  Mr.  Brown 
said,  "  You  have  the  fact  before  you,  that  these  col 
ored  soldiers  are  going  into  the  army  of  the  United 
States.  You  have  the  further  fact  before  you,  that 
slave-owners  are  hounding  on  a  persecution  in  the  Bor 
der  States,  and  selling  the  wives  and  children  of  those 
soldiers,  making  merchandise  of  their  flesh  and  blood, 
and  doing  it  as  a  punishment  for  their  entry  into  our 
army  as  volunteers  for  our  defence.  Shall  we  toler 
ate  that  scene?  Shall  we  legislate  here,  sending  men 
day  after  day  to  sacrifice  their  lives  for  our  protection, 
and  yet  sit  quietly  by,  with  no  legislation  to  prevent, 
and  see  others  sending  the  wives  and  children  of 
those  men  day  after  day  into  further  and  harsher  bond 
age  because  they  have  done  so?"  —  "I  do  not,"  said 


322  TO  MAKE  FREE  THE  WIVES  AND  CHILDREN 

Mr.  Grimes,  "  apprehend  that  there  is  going  to  be  any 
great  trouble  in  ascertaining  who  are  the  wives  and 
children  of  these  men.  As  has  been  well  said  by  the 
senator  from  Missouri,  we  all  know  that  the  laws  of  the 
slave  States  do  not  recognize  the  relation  of  husband 
and  wife,  or  parent  and  child  ;  but  we  recognize  the  fact 
that  such  relations  do  de  facto  exist,  and  that  is  enough 
for  our  purpose  :  it  ought  to  be  enough ;  and  we  shall 
be  justified  by  the  people  of  the  country  who  sent  us 
here  in  regarding  it  as  enough  for  all  the  purposes 
of  this  bill." 

"There  are,"  said  Mr.  Sherman,  "grave  questions  of 
constitutional  power  involved  in  this  proposition.  The 
general  object  proposed  to  be  accomplished,  I  desire  as 
much  as  any  one ;  but  I  want  to  do  it  in  an  effective 
way  :  and  I  think  it  is  much  wiser  for  us  to  defer  all 
these  propositions  in  regard  to  slavery,  until  we  can,  by 
a  general  plan  based  upon  a  constitutional  amendment 
proposed  by  Congress,  and  submitted  to  the  people, 
aided  by  auxiliary  legislation,  wipe  out  the  whole  sys 
tem  in  the  mode  provided  by  the  Constitution."  — 
"The  senator  from  Ohio,"  said  Mr.  Wilson,  "takes  the 
position,  that,  because  there  is  a  proposition  pending  to 
amend  the  Constitution  of  the  United  States  to  abolish 
slavery,  we  are  to  do  nothing  else  against  slavery.  Sir, 
I  say  it  is  sound  policy  to  strike  this  system  of  slavery 
whenever  and  wherever  you  can  get  a  blow  at  it.  It 
is  to  perish,  if  it  perish  at  all,  by  hedging  it  around 
by  every  enactment,  breaking  down  every  barrier  that 
surrounds  it,  and  defeating  the  three  hundred  thousand 
bayonets  behind  which  it  is  intrenched."  Mr.  Conricss 
moved  to  refer  the  bill  to  the  Committee  on  Slavery  and 


OF   COLORED    SOLDIERS.  323 

Freedmen.  Mr.  Wilson  objected  to  the  recommitment 
of  the  bill,  and  modified  his  amendment  by  withdrawing 
the  second  section.  Mr.  Conness  said  it  was  not  in 
a  condition  that  he  could  vote  for  it.  He  hoped  the 
Senate  would  come  to  a  vote  on  the  motion  to  recom 
mit.  Mr.  Carlile  would  refer  it  to  the  Judiciary 
Committee.  He  thought  the  difficulties  that  had  been 
suggested  as  to  ascertaining  who  are  the  wife  and  chil 
dren  of  the  party  will  not  be  found  to  be  great  in  prac 
tical  operation.  "The  great  question, "he  said,  "\vhich 
stands  in  my  way  in  support  of  this  bill,  is  the  question 
of  power."  Mr.  Clark  opposed  recommitment.  It 
would  return  from  the  Judiciary  Committee  with  the 
same  question  embarrassing  it.  He  would  discuss  the 
question  in  the  Senate.  He  said,  "  Here  you  desire  to 
put  soldiers  in  your  army,  and  those  soldiers  have  their 
wives  and  their  children.  You  are  desirous  of  putting 
those  soldiers  in  the  service  at  the  earliest  moment ;  and 
the  people  who  want  to  prevent  those  soldiers  from  going 
into  the  army  take  these  very  means  to  torment  the  sol 
dier,  so  that  he  shall  not  go  in.  The  master  says  to  him, 
in  effect,  c  If  you  go  into  the  armies  of  the  United  States, 
and  fight  the  battles  of  the  country,  I  will  sell  your  wife  ; 
I  will  abuse  your  children.'  That  is  very  much  worse 
than  the  rendition  of  a  fugitive  slave ;  and  an  amend 
ment  of  the  Constitution  which  would  take  place  months 
hence  does  not  cure  or  remedy  the  evil."  Mr.  Doolittle 
asked  Mr.  Clark  if  he  had  evidence  that  loyal  masters 
"  abused  their  women  and  children."  —  "  We  know,"  re 
plied  Mr.  Clark,  "that  everywhere  in  these  loyal  States 
there  are  men  who  are  in  sympathy  with  the  Rebellion. 
We  know  that  men  in  the  loyal  States  are  opposed  to 


324  TO  MAKE  FREE  THE  WIVES  AND  CHILDREN 

the  negroes  going  into  the  service.  Many  of  those 
men  —  I  will  not  say  all  —  would  be  willing  to  punish 
the  negro  if  he  went  in,  if  they  are  in  sympathy  with 
the  Rebellion,  by  the  abuse  of  his  wife  and  children. 
They  wish  to  deter  him  from  going  into  the  service  if 
they  can;  and  they  say  to  him,  'Not  only  shall  your 
wife  and  children  have  no  care,  no  food,  no  protection, 
but  they  shall  be  sold  into  slavery ;  and,  when  you 
return  from  fighting  the  battles  of  the  Union,  you  shall 
find  your  home  desolate,  your  wife  gone  no  one  knows 
where  in  slavery,  and  your  children  all  sent  away.'" 
Mr.  Howard  hoped  this  bill  would  not  be  referred  to  the 
Judiciary  Committee.  He  said,  "  There  may  be  some 
difficulty  in  the  apprehension  of  some  gentlemen,  per 
haps,  as  to  who  can  claim  to  be  the  wife  or  the  child  of 
a  slave  ;  inasmuch  as  the  laws  of  the  slaveholding  States 
do  not  recognize  the  relation  of  husband  and  wife,  and 
of  parent  and  child,  in  that  class.  I  know  of  no  other 
mode  of  solving  this  difficulty  than  this  :  that  that  per 
son  shall  be  held  to  be  the  wife  of  the  slave  who  rec 
ognizes  the  slave  to  be  her  husband,  and  whose  husband 
recognizes  the  woman  to  be  his  wife  ;  adopting  the  same 
principle  of  the  common  law  that  applies  in  other 
cases, —  a  simple  recognition  of  the  relation  of  husband 
and  wife,  and  of  parent  and  child."  Mr.  Fessenden 
said,  "My  doubt  of  course  was,  in  the  beginning, 
whether,  in  taking  persons  of  this  description,  and 
insisting  that  they  should  render  military  service,  we 
could  go  so  far  as  to  liberate  other  persons  connected 
with  them.  That  was  a  very  serious  difficulty  ;  but, 
sir,  I  have  been  convinced  that  we  can  do  any  thing 
that  is  necessary  to  be  done  in  order  to  accomplish  the 


OF   COLORED    SOLDIERS.  325 

purpose  that  we  have  in  view,  and  which  is  not  only  a 
legal,  but  a  necessary  purpose, — the  salvation  and 
perpetuation  of  the  Republic." 

The  Senate,  on  the  21st,  resumed  the  consideration  of 
the  bill.  Mr.  Wilson  said,  "  I  desire,  after  consulting 
with  some  senators,  to  modify  the  amendment  that  I 
offered  to  the  bill,  by  adding,  after  the  word  'wife,'  the 
words, '  meaning  thereby  the  woman  regarded  and  treat 
ed  by  him  as  such.'  " — "I  move,"  said  Mr.  Davis,  "to 
amend  the  amendment  by  adding  to  it,  '  and  the  loyal 
owner  or  owners  of  the  wife  or  children  of  all  slaves 
taken  into  the  military  service  of  the  United  States  shall 
be  entitled  to  a  just  compensation  for  such  wife  and  chil 
dren  of  said  slaves.' "  He  maintained  that  slaves  were 
property ;  that,  as  such,  they  could  only  be  taken  for 
public  use  by  paying  a  just  compensation.  "  The  party 
in  power  are  grinding  us  to  the  dust  by  the  weight  and 
tyrannies  of  an  organized  military  despotism.  These 
usurpers  and  oppressors  are  seizing  upon  our  able- 
bodied  negro  slaves,  and  organizing  them  into  a  standing 
army  already  numbering  nearly  one  hundred  thousand 
men,  and  to  be  augmented  far  beyond  those  figures,  to 
hold  us  in  hapless  and  hopeless  political,  social,  and 
commercial  servitude  to  themselves.  Belshazzar  and  his 
host  are  now  drunk  and  feasting  ;  but  Cyrus  and 
the  Persians  will  soon  be  upon  them.  The  aroused 
American  freemen  will  effect  their  own  deliverance  at 
the  ides  of  next  November."  —  "This  bill,"  said  Mr. 
Wilkinson,  "  is  to  give  freedom  to  the  wives  and  children 
of  the  soldiers  who  fight  our  battles  for  the  Government 
and  for  freedom.  It  has  been  claimed,  that,  if  this  bill 
shall  pass,  it  will  work  the  emancipation  of  the  whole 

28 


320  TO  MAKE  FREE  THE  WIVES  AND  CHILDREN 

negro  race  within  the  United  States.  While  the  noblest 
and  the  best  sons  of  the  loyal  States  were  reddening 
every  rivulet  in  Virginia  with  their  blood,  and  almost 
every  sod  of  the  Old  Dominion  was  pressing  upon  the 
grave  of  a  blue-eyed  soldier  of  the  North,  we  turned 
our  backs  coldly  upon  the  only  friends  we  had  in  the 
rebellious  States,  and  said  to  them,  'You  are  black, 
and  are  not  worthy  to  suffer  and  die  for  freedom  :  we 
would  rather  lose  our  own  liberties  than  to  give  freedom 
to  a  nation  of  slaves.'  I  do  not  know  but  that  it  was 
the  design  of  Providence  to  blind  the  eyes  of  the  people 
of  the  North  to  their  true  interests,  until  they  had  paid 
the  full  penalty  for  their  participation  in  the  great  crime 
of  human  slavery  in  this  Government.  There  is  a 
retributive  justice  in  this  war,  as  the  senator  from 
Maryland  said,  and  it  is  visited  alike  upon  the  North 
and  the  South  ;  for  the  North  as  well  as  the  South  has 
been  a  guilty  participator  in  the  foulest  crime  that  ever 
blackened  the  character  of  a  nation." 

On  the  22d,  the  Senate  resumed  the  consideration  of 
the  bill ;  and  Mr.  Willey  (Union)  of  West  Virginia 
addressed  the  Senate.  He  said  he  was  disposed  to 
believe  the  cases  of  vindictive  cruelty  to  which  allusions 
had  been  made  were  "more  justly  attributable  to  the 
impending  universal  emancipation  of  slavery  in  Missouri 
than  to  any  exasperation  of  the  master  growing  out  of 
the  enlistment  of  his  slave."  He  thought  the  passage 
of  the  bill  would  "lead  to  very  distressing  difficulties 
in  the  States  where  these  slaves  live.  There  can  be," 
he  declared,  "in  Virginia,  between  slaves,  no  legal 
marriage ;  there  can  be  no  wife  in  the  eye  of  the  law  ; 
there  can  be  no  children  of  slaves  in  the  eyes  of  the 


OF    COLORED    SOLDIERS.  327 


Senate. 

In  the  Senate,  on  the  18th  of  May,  Mr.  Wilson 
introduced  a  joint  resolution  to  encourage  enlistments, 
and  to  promote  the  efficiency  of  the  military  forces  of 
the  United  States.  This  resolution  provided  that  the 
wife  and  children  of  any  person  that  has  been  or  may  be 
mustered  into  the  military  or  naval  service  of  the  Unit 
ed  States  shall  be  for  ever  free,  any  law,  usage,  or  cus 
tom  whatsoever,  to  the  contrary  notwithstanding  ;  that, 
in  determining  who  is  the  wife  and  who  are  the  children 
of  the  enlisted  person,  evidence  that  he  and  the  woman 
claimed  to  be  his  wife  have  lived  together,  associated  as 
husband  and  wife,  and  so  continued  to  live  or  associate 
at  the  time  of  the  enlistment,  or  that  a  form  of  marriage, 
whether  the  same  was  or  was  not  authorized  or  recog 
nized  by  law,  has  been  celebrated  between  them,  and 
that  the  parties  thereto  thereafter  lived  together  or 
associated  as  husband  and  wife,  and  so  continued  to  live 
or  associate  at  the  time  of  the  enlistment,  shall  be 
deemed  sufficient  proof  of  a  marriage  ;  and  the  children 
of  any  such  marriages  born  while  the  same  continued, 
although  it  had  ceased  at  the  time  of  enlistment,  shall 
be  deemed  and  taken  to  be  the  children  mentioned  in 
this  resolution.  The  provisions  of  this  resolution  were 
reported,  moved  as  amendments  to  several  bills,  but 
failed  to  be  brought  to  the  test  of  the  vote  of  the 
Senate.  The  joint  resolution  to  make  free  the  wives 
and  children  of  colored  soldiers  is  pending  in  the  Sen 
ate,  and  will  doubtless  be  pressed  at  the  next  session. 


328 


CHAPTER  XVII. 

A  BUREAU  OF  FREEDMEN. 

MEMORIAL  OF  THE  MASSACHUSETTS  EMANCIPATION  LEAGUE. — MR.  ELIOT'S 
BILL.  —  SELECT  COMMITTEE  ON  EMANCIPATION.  —  FREEDMEN'S  BILL 
REPORTED  BY  MR.  ELIOT.  —  REMARKS  OF  MR.  ELIOT.  —  3IR.  COX. — 
MR.  COLE. — MR.  BROOKS. — MR.  KELLEY.  —  MR.  DAWSON. — MR.  PRICE. 
—  MR.  KNAPP.  —  MR.  PENDLETON. —  PASSAGE  OF  MR.  ELIOT'S  BILL. — 
MR.  SUMNER'S  BILL.  —  MR.  ELIOT'S  BILL  REPORTED  BY  MR.  SUMNKR, 
WITH  AN  AMENDMENT.  —  MR.  SUMNER'S  SPEECH.  —  MR.  SUMNEIt'S 
AMENDMENT  AMENDED  AND  ADOPTED  IN  THE  SENATE.  —  THE  HOUSE 
POSTPONE  THE  BILL  TO  THE  NEXT  SESSION. 

IN  the  Senate,  on  the  12th  of  January,  1863,  Mr. 
Wilson  (Rep.)  presented  the  memorial  of  the  Eman 
cipation  League  of  Massachusetts,  setting  forth  the 
needs  of  the  new-made  freedmen  and  the  duty  of  the 
Government,  and  praying  for  the  immediate  establish 
ment  of  a  Bureau  of  Emancipation  ;  which  was  ordered 
to  be  printed,  and  referred  to  the  Committee  on  Military 
Affairs.  In  the  House,  on  the  19th,  Mr.  Eliot  (Rep.) 
of  Massachusetts  introduced  a  bill  to  establish  a  Bureau 
of  Emancipation  ;  which  was  referred  to  the  Select  Com 
mittee  on  Emancipation,  of  which  Mr.  White  (Rep.) 
of  Indiana  was  Chairman. 

On  the  14th  of  December,  1863,  Mr.  Eliot  intro 
duced  a  bill  to  establish  a  Bureau  of  Emancipation ; 
which  was  referred  to  a  select  committee  of  nine,  consist 
ing  of  Mr.  Eliot  (Rep.)  of  Massachusetts,  Mr.  Kelley 
(Rep.)  of  Pennsylvania,  Mr.  Knapp  (Dem.)  of  Illi- 


A   BUREAU   OF   FREEDMEN.  329 

nois,  Mr.  Ortli  (Rep.)  of  Indiana,  Mr.  Boyd  (Rep.) 
of  Missouri,  Mr.  Kalbfleisch  (Dem.)  of  New  York, 
Mr.  Cobb  ( Rep.  )  of  Wisconsin,  Mr.  Anderson 
(Union)  of  Kentucky,  and  Mr.  Middleton  (Dem.)  of 
New  Jersey.  On  the  23d,  Mr.  Eliot  reported  from  the 
Select  Committee  a  bill  to  establish  a  Bureau  of  Eman 
cipation  ;  which  was  ordered  to  be  printed,  and  recom 
mitted  to  the  committee.  On  the  13th  of  January, 
1864,  Mr.  Eliot  reported  back  the  bill  with  an  amend 
ment.  Mr.  Kalbfleisch  made  a  minority  report.  On 
the  10th  of  February,  the  bill  came  up  for  consideration. 
Mr.  Eliot  offered  a  substitute  for  the  original  bill.  Mr. 
Holman  (Dem.)  of  Indiana  moved  to  lay  the  bill  on  the 
table,  and  Mr.  Cox  (Dem.)  of  Ohio  moved  to  refer  it 
to  the  Committee  of  the  Whole.  The  Speaker  ruled 
that  Mr.  Eliot  held  the  floor.  Mr.  Eliot  addressed  the 
House  in  favor  of  his  bill  in  an  earnest  and  able  speech. 
He  said  the  freedmen  were  "  the  children  of  the  Gov 
ernment.  Quick  to  learn  ;  appreciating  kindnesses,  and 
returning  them  with  veneration  and  affection ;  earnest 
to  acquire  property,  because  that,  too,  is  proof  of  man 
hood, —  they  ask  but  opportunity  and  guidance  and  edu 
cation  for  a  season,  and  then  they  will  repay  you,  some 
thirty,  some  sixty,  and  some  an  hundred  fold.  ...  So 
shall  this,  your  act,  give  to  the  freedmen  of  the  South, 
and  to  all  the  freemen  whom  you  represent,  '  beauty  for 
ashes,  the  oil  of  joy  for  mourning,  and  the  garment  of 
praise  for  the  spirit  of  heaviness.' " 

On  the  17th,  the  House  proceeded  to  the  considera 
tion  of  Mr.  Eliot's  bill,  and  Mr.  Cox  spoke  against  its 
enactment.  He  declared  that  "not  merely  has  the 
President's  proclamation  been  made  a  living  lie,  but 

28* 


330  A    BUREAU    OF    FKEEDMEN. 

the  thousands  of  corpses  daily  hurried  out  of  the  contra 
band  hovels  and  tents  along  the  Mississippi  prove  it  to 
have  been  a  deadly  lie.  Neither  the  judgment  of  man 
nor  the  favor  of  God  can  be  invoked  without  mockery 
upon  a  fanatical  project  so  fraught  with  misery  to  the 
weak,  and  wholesale  slaughter  to  its  deluded  victims." 
Mr.  Cole  (Rep.)  of  California  followed  on  the  18th  in 
an  earnest  speech  in  favor  of  the  bill  and  the  policy  of 
freedom.  Mr.  Kalbfleisch,  on  the  19th,  spoke  in  oppo 
sition  to  the  measure.  Mr.  Brooks  (Dem.)  of  New 
York  said,  "  The  bill  is  vast  in  its  territory,  vast  in  its 
objects,  vast  in  its  purposes,  vast  in  its  intentions." 
He  declared,  "  Whenever  a  gentleman  from  Massachu 
setts  in  these  our  latter  days  introduces  any  bill  or  pro 
pounds  any  proposition  for  the  consideration  of  the 
House,  I  always  listen  to  him  with  attentive  ears,  with 
apprehension,  with  something  of  awe  ;  nay,  with  that 
deep  interest  that  the  Roman  of  old  must  have  listened 
to  the  unrolling  of  the  leaves  of  the  Sibyl,  or  the  Greek 
to  the  utterings  of  the  oracle  in  Delphos.  Massachu 
setts  is  now  the  leading  power  in  this  country.  What 
ever  she  decrees  is  in  all  probability  to  be  law.  She 
exercises  the  same  control  over  this  vast  country,  which 
stretches  from  the  Passamaquoddy  to  the  Rio  Grande, 
and  from  the  Rio  Grande  to  the  Pacific,  that  was  exer 
cised  by  imperial  Rome,  on  the  little  Tiber,  from  the 
Pillars  of  Hercules  to  the  Euphrates  and  Tigris.  Boston, 
her  capital,  is  well  called  the  hub  of  our  universe,  with 
her  spokes  now  inserted  in  New  York,  Pennsylvania, 
Ohio,  the  great  West,  and  the  great  North-west,  the 
rim  of  whose  wheel  now  runs  with  frightful,  crushing 
velocity  from  that  Passamaquoddy  to  that  Rio  Grande. 


A   BUREAU   OF    FREEDMEN.  331 

...  I  know  the  spirit  of  Massachusetts.  I  know  her 
inexorable,  unappeasable,  demoniac  energy."  He 
thought  "  this  freedmen's  bill  not  worthy  of  the  prac 
tical  mind  of  Massachusetts.  ...  It  must  have  come 
from  some  of  the  freedmen's  commissioners,  —  perhaps 
from  Robert  Dale  Owen  ;  for  the  bill  is  Socialistic,  Fou- 
rieristic,  Owenistic,  erotic."  On  the  23d,  Mr.  Kelley, 
a  member  of  the  Select  Committee  that  reported  the  bill, 
spoke  eloquently  in  favor  of  its  passage.  In  reply  to 
Mr.  Brooks,  he  said,  "I  am  no  son  of  Massachusetts  or 
New  England,  as  the  gentleman  is,  but  I  remember, 
that  in  my  wayward  youth,  being  free  from  the  inden 
ture  that  had  bound  me  to  a  long  apprenticeship,  but 
not  having  attained  manhood,  I  wandered  from  my 
native  Pennsylvania,  counter  to  the  current  tide  of  emi 
gration,  in  pursuit  of  employment,  and  found  a  home  in 
Massachusetts ;  and  I  may  be  pardoned  if  I  pause  for  a 
moment  to  feebly  testify  my  gratitude  to  her,  in  whom 
I  found  a  gentle  and  generous  foster-mother.  I  thank 
God  for  the  Puritan  spirit  of  Massachusetts.  A  boy, 
poor,  friendless,  and  in  pursuit  of  wages  for  manual  toil, 
I  found  open  to  me,  in  the  libraries  of  Boston,  the 
science,  history,  and  literature  of  the  world.  At  a  cost 
that  even  the  laboring  man  did  not  feel,  I  found,  night 
after  night,  and  week  after  week,  in  her  lyceums  and 
lecture-rooms,  the  means  of  intercourse  with  her  Ban 
crofts,  her  Brownsons,  her  Everetts,  her  Channings,  her 
Prescotts,  her  Emersons,  and  scores  of  others  as  learned 
and  as  able  sons  as  these,  though  perhaps  less  distin 
guished.  I  thus  learned  what  it  was  to  be  an  American 
citizen,  and  to  what  a  height  American  civilization  will 
be  carried  ;  and  I  found  four  years  of  life  spent  at  well- 


332  A   BUREAU    OF   FREEDMEN. 

paid  toil  worth  to  me  what  the  same  number  of  years 
in  a  college  might  have  been.  .  .  .  You  need  not  fear 
that  this  black  race  will  fade  away.  The  glowing  South, 
the  land  of  the  tropics,  genial  to  them,  invites  its  own 
development,  and  will  insure  that  of  this  race." 

The  House  resumed  the  consideration  of  the  bill  on 
the  24th;  and  Mr.  Dawson  (Dem.)  of  Pennsylvania 
made  an  elaborate  and  able  speech  in  opposition  to  the 
policy  of  the  Administration.  Mr.  Davis  of  Maryland 
followed  on  the  25th  in  a  speech  of  eloquence  and  pow 
er.  Mr.  Knapp  (Dem.)  of  Illinois  addressed  the  House 
on  the  1st  of  March  in  opposition  to  the  passage  of  the 
bill.  Mr.  Price  (Rep.)  of  Iowa  spoke  for  the  bill,  and 
sharply  replied  to  Mr.  Cox.  Mr.  Eliot  moved  the  pre 
vious  question,  which  was  sustained  by  the  House.  Mr. 
Eliot  yielded  a  portion  of  his  hour  to  close  the  debate 
to  Mr.  Pendleton  (Dem.)  of  Ohio,  who  spoke  briefly 
but  forcibly  against  the  right  to  enact  the  bill.  He 
thought  the  freedmen,  numbering  more  than  half  a  mil 
lion,  "long  for  the  repose  and  quiet  of  their  old  homes, 
and  the  care  of  their  masters  ;  that  freedom  has  not  been 
to  them  the  promised  boon  ;  that  even  thus  soon  it  has 
proven  itself  to  be  a  life  of  torture,  ending  only  in 
certain  and  speedy  death."  Mr.  Wadsworth,  by  the 
courtesy  of  Mr.  Eliot,  spoke  briefly  against  the  passage 
of  the  bill,  Mr.  Eliot,  being  anxious  to  take  the  vote, 
declined  to  close  the  debate.  Mr.  Brooks's  motion  to 
recommit  the  bill  was  lost,  and  the  substitute  moved 
by  Mr.  Eliot  was  agreed  to.  Mr.  Mallory  (Dem.)  of 
Kentucky  moved  to  lay  the  bill  on  the  table,  — yeas  62, 
nays  68.  Mr.  Mallory  demanded  the  yeas  and  nays  on 
the  passage  of  the  bill ;  and  they  were  ordered.  The 


A   BUREAU   OF  FREEDMEN.  333 

question  was  taken, — yeas  G9,  nays  67.  So  the  bill 
passed  the  House. 

In  the  Senate,  on  the  2d  of  March,  Mr.  Eliot's  bill  was 
referred  to  the  Select  Committee  on  Slavery,  of  which 
Mr.  Sumner  was  chairman.  On  the  12th  of  April, 
Mr.  Sumner  reported  from  the  Select  Committee  on 
Slavery  a  bill  to  establish  a  Bureau  of  Freedmen  ;  which 
was  read,  and  ordered  to  a  second  reading.  On  the 
25th  of  May,  Mr.  Sumner  reported  back  from  the  Select 
Committee  on  Slavery  Mr.  Eliot's  bill,  with  an  amend 
ment  to  strike  out  the  original  bill,  and  insert  his  bill  in 
lieu  of  it.  On  the  8th  of  June,  the  Senate  proceeded 
to  the  consideration  of  the  House  bill,  the  pending  ques 
tion  being  on  the  substitute  reported  by  Mr.  Sumner  as 
an  amendment.  Mr.  Sumner  explained  the  provisions 
of  his  substitute  for  the  House  bill,  and  earnestly  and 
eloquently  pressed  the  importance  of  prompt  action. 
"The  opportunity,"  he  declared,  "must  not  be  lost,  of 
helping  so  many  persons  who  are  now  helpless,  and 
of  aiding  the  cause  of  reconciliation,  without  which 
peace  cannot  be  assured."  Mr.  Richardson  (Dem.) 
of  Illinois  opposed  the  bill,  and  bitterly  assailed  the 
Administration. 

On  the  14th,  Mr.  Sumner  moved  to  proceed  to  the 
consideration  of  the  House  bill  to  establish  a  Bureau 
of  Freedmen's  Affairs.  Mr.  M'Dougall  demanded  the 
yeas  and  nays,  —  yeas  23,  nays  11.  Several  important 
amendments  were  made ;  not,  however,  changing  the 
general  features  of  the  measure.  Mr.  Carlile  (Dem.) 
of  Virginia  moved  to  postpone  the  further  consideration 
of  the  bill  to  the  first  Monday  of  December  next,  —  yeas 
13,  nays  23.  Mr.  Willey  (Union)  of  West  Virginia, 


334  A   BUREAU   OF   FREEDMEN. 

earnestly  opposed  and  severely  criticised  the  bill,  and 
Mr.  Sumner  sharply  replied  to  Mr.  Willey's  remarks. 
On  the  27th,  the  Senate  resumed  the  consideration  of 
the  bill ;  and  several  amendments  were  offered  by  the 
friends  and  opponents  of  the  measure.  Mr.  Trumbull 
moved  to  amend  the  bill  by  adopting  a  new  section, 
repealing  the  last  clause  of  a  joint  resolution  explanatory 
of  the  Confiscation  Act.  On  the  28th,  the  vote  was 
taken  on  Mr.  Trumbull's  amendment ;  and  it  was  adopt 
ed, —  yeas  23,  nays  15.  Mr.  Doolittle  moved  that  all 
assistant  commissioners  and  superintendents  and  other 
officers  be  so  far  considered  in  the  military  service  as  to 
be  liable  to  trial  by  court  martial ;  and  the  amendment 
was  agreed  to.  Mr.  Willey  moved  to  authorize  the 
commissioners  to  open  a  correspondence  with  the  gov 
ernors  and  municipal  authorities,  to  aid  in  securing 
homes  for  the  freedmen  ;  and  it  was  adopted,  —  yeas  19, 
nays  15.  Mr.  Wilson  moved  to  strike  out  of  the  sub 
stitute  the  word  " treasury,"  and  insert  "war."  —  "I 
have  moved  this  amendment,  because,  in  my  judgment, 
it  is  better,  in  every  aspect  in  which  the  case  can  be 
viewed,  that  this  bureau  should  be  in  the  War  De 
partment,  because  the  War  Department  controls  the 
armies.  The  rebel  States  are  divided  into  military  de 
partments  ;  and  all  the  law  we  administer  there  is  mil 
itary  law,  and  all  the  government  we  exercise  over  them 
is  military  government.  Why  we  should  take  these 
people,  who  now  flock  to  the  army,  and  have  gathered 
around  it  for  protection  and  support,  from  under  the 
control  of  the  War  Department,  and  put  them  under 
the  control  of  speculating  treasury  agents,  is  a  thing  I 
cannot  comprehend."  Mr.  Sumner  hoped  the  amend- 


A   BUREAU   OF   FREEDMEN.  335 

ment  would  not  be  adopted.  He  declared,  "  If  it  should 
be  adopted,  I  shall  consider  the  bill  worse  than  nothing." 
"I  do  not  wish,"  replied  Mr.  Wilson,  "to  take  the  re 
sponsibility  of  giving  a  turn  to  this  bill  contrary  to  the 
wishes  of  my  colleague,  who  has  had  the  direction  of  it ; 
and,  having  stated  my  opinion,  I  withdraw  the  amend 
ment."  Mr.  Sumner's  substitute  for  the  House  bill 
was  then  agreed  to,  and  the  bill  reported  to  the  Senate 
as  amended.  Mr.  Johnson  moved  to  strike  out  the 
word  "  treasury,"  and  insert  the  word  "  war,"  —  yeas  15, 
nays  20.  Mr.  Davis  spoke  in  opposition  to  the  bill, 
and  in  denunciation  of  the  policy  of  the  Administra 
tion  ;  and  Mr.  Wilkinson  sharply  replied  to  Mr.  Davis. 
Mr.  Hendricks  opposed  the  passage  of  the  bill,  and  Mr. 
Chandler  earnestly  advocated  the  policy  of  using  the 
negro  to  put  down  the  Rebellion.  "A  secession  traitor," 
he  declared,  "is  beneath  a  loyal  ne^ro.  I  would  let  a 
loyal  negro  vote  ;  I  would  let  him  testify  ;  I  would  let 
him  fight ;  I  would  let  him  do  any  other  good  thing ; 
and  I  would  exclude  a  secession  traitor.  I  say  this 
deliberately,  that  in  Kentucky,  in  Tennessee,  in  Ala 
bama,  in  Louisiana,  in  South  Carolina,  in  every  single 
rebel  State,  I  consider  a  loyal  negro  better  than  a  seces 
sion  traitor,  and  I  will  treat  him  better.  Make  the 
most  of  it."  — "The  policy,"  said  Mr.  M'Dougall, 
"proposed  by  this  bill,  is  an  outrage  upon  Christianity 
and  humanity  ;  and  as  such,  with  a  severe  sense  of  duty, 
I  denounce  it."  Mr.  J3uckalew  called  for  the  yeas  and 
nays  on  the  passage  of  the  bill ;  and  they  were  ordered, 
—  yeas  21,  nays  9.  So  the  bill  "to  establish  a  Bureau 
of  Freedmen  "  passed  the  Senate  on  the  28th  of  June. 
In  the  House,  on  the  2d  of  July,  Mr.  Eliot,  from  the 


336  A   BUREAU   OF    FREEDMEN. 

Select  Committee  on  Emancipation,  reported  back  his 
bill  and  the  amendment  of  the  Senate,  and  moved  that 
the  amendment  of  the  Senate  be  non-concurred  in. 
Mr.  Washburne  (Rep.)  of  Illinois  expressed  the  hope 
that  Mr.  Eliot  would  withdraw  his  report,  and  let  the 
call  of  the  committees  go  on.  Mr.  Eliot  could  not 
consent  to  that.  Mr.  Griswold  (Dem.)  of  New  York 
wished  to  know  if  it  would  be  in  order  to  move  to  lay 
the  bill  on  the  table.  Mr.  Washburne  suggested  that 
he  could  move  the  postponement  to  the  next  session. 
Mr.  Griswold  moved  to  postpone  the  further  considera 
tion  of  the  bill  to  the  20th  of  December  next.  The 
motion  was  agreed  to  ;  and  the  bill  will  come  up  for  con 
sideration  at  the  next  session. 


337 


CHAPTER  XVIII. 

RECONSTRUCTION  OF  REBEL  STATES. 

MR.  HAUL  AN' S   BILL.  —  MR.  SUMNER'S   RESOLUTIONS.  —  MR.  ASHLEY'S   BILL. 

—  MR.  HARRIS'S  BILL.  —  MR.  WINTER  DA  vis's  RESOLUTION.  —  SELECT 

COMMITTEE  ON  RECONSTRUCTION.  —  MR.  DAVIS'S  BILL.  —  REMARKS  OP 
MR.  DAVIS,  MR.  BEAMAN,  MR.  ALLEN,  MR.  SMITHERS,  MR.  NORTON,  MR. 
BROOMALL,  MR.  SCOFIELD,  MR.  DAWSON,  MR.  WILLIAMS,  MR.  BALDWIN 
OF  MASSACHUSETTS,  MR.  DONNELLY,  MR.  PERHAM,  MR.  GOOCH,  MR. 
FERNANDO  WOOD,  MR.  KELLEY,  MR.  BOUTWELL,  MR.  PENDLETON.  — 
MR.  DAVIS'S  SUBSTITUTE.  —  PASSAGE  OF  MR.  DAVIS'S  BILL.  —  HOUSE 

BILL  REPORTED  BY  MR.  WADE.  —  MR.  BROWN'S  AMENDMENT.  —  MR. 
SUMNER'S  AMENDMENT.  —  PASSAGE  OF  MR.  BROWN'S  SUBSTITUTE.  — 
HOUSE  NON-CONCUR.  —  SENATE  RECEDE.  —  PASSAGE  OF  THE  BILL.  — 

THE   PRESIDENT   REFUSES   TO   APPROVE   IT. 

IN  the  Senate,  on  the  26th  of  December,  1861,  Mr. 
Harlan  (Rep.)  of  Iowa  introduced  a  bill  to  estab 
lish  a  provisional  government  in  each  of  the  districts  of 
country  embraced  within  the  limits  of  the  Confederate 
States  of  Georgia,  Alabama,  Mississippi,  Louisiana, 
Texas,  Arkansas,  and  Tennessee  ;  which  was  referred  to 
the  Committee  on  Territories.  Mr.  Sumner,  on  the 
llth  of  February,  1862,  introduced  a  series  of  resolu 
tions  declaratory  of  the  relations  between  the  United 
States  and  the  territory  once  occupied  by  certain  States, 
and  now  usurped  by  pretended  governments  without 
constitutional  or  legal  right.  These  resolutions  declare 
that  slavery,  being  a  local  institution,  ceased  to  exist 
when  the  States  no  longer  exist ;  that  it  is  the  duty 
of  Congress  to  see  that  everywhere,  in  this  extensive 

29 


338  RECONSTRUCTION    OF   REBEL   STATES. 

territory,  slavery  shall  cease  to  exist  practically,  as  it  has 
already  ceased  to  exist  constitutionally  or  legally ;  and 
that  any  recognition  of  slavery,  or  surrender  of  pretend 
ed  slaves,  besides  being  a  recognition  of  the  pretended 
governments,  giving  them  aid  and  comfort,  is  a  denial 
of  the  rights  of  persons,  who,  by  the  extinction  of  the 
States,  have  become  free,  so  that,  under  the  Constitu 
tion,  they  cannot  again  be  enslaved.  No  action  was 
taken  on  these  resolutions. 

In  the  House,  Mr.  Ashley  (Rep.)  of  Ohio,  on  the  12th 
of  March,  reported,  from  the  Committee  on  Territories, 
a  bill  for  a  provisional  government  over  the  territory 
in  rebellion.  Mr.  Pendleton  (Dem.)  of  Ohio  declared 
that  "  this  bill  ought  to  be  entitled  a  bill  to  dissolve  the 
Union,  and  abolish  the  Constitution  ;  "  and  moved  that 
it  be  laid  upon  the  table.  Mr.  Bingham  (Rep.)  of 
Ohio  demanded  the  yeas  and  nays,  —  yeas  65,  nays 
56.  So  the  bill  was  kid  upon  the  table. 

Mr.  Harris  (Rep.)  of  New  York,  on  the  14th  of 
February,  introduced  into  the  Senate  a  bill  to  establish 
provisional  governments  in  certain  cases ;  which  was 
referred  to  the  Committee  on  the  Judiciary.  Mr.  Harris 
repeatedly  pressed  the  consideration  of  the  measure; 
but  no  action  was  taken  upon  it.  On  the  3d  of  March, 
1863,  the  Senate,  on  motion  of  Mr.  Harris,  proceeded 
to  the  consideration  of  the  bill ;  and  Mr.  Harris  pro 
posed  to  amend  it  by  striking  out  six  sections,  and 
inserting  three  new  sections.  The  third  section  of  the 
amendment  provided  that  no  law,  whereby  any  person 
has  heretofore  been  held  to  service  or  labor  in  any  such 
State,  shall  be  recognized  or  enforced  by  any  court  or 
officer  constituted  or  appointed  under  the  provisions  of 


RECONSTRUCTION    OF   REBEL    STATES.  339 

this  act ;  and  all  laws  providing  for  the  trial  and  pun 
ishment  of  white  persons  in  any  such  State  shall  be 
deemed,  and  are  hereby  declared  to  be,  applicable  to 
the  trial  and  punishment  of  all  persons  whomsoever 
within  the  jurisdiction  of  such  court  or  officer.  Mr. 
Carlile  (Dem.)  of  Virginia  moved  to  strike  out  those 
words.  Mr.  Davis  (Dem.)  of  Kentucky  moved  to  lay 
the  bill  on  the  table,  —  yeas  15  ;  nays  21.  The  Senate, 
by  a  vote  of  22  to  13,  on  motion  of  Mr.  Wilkinson 
(Rep.)  of  Minnesota,  postponed  the  consideration  of  the 
bill,  to  take  up  the  bill  for  the  organization  of  Idaho. 

In  the  House  of  Representatives,  on  the  15th  of  De 
cember,  1863,  Mr.  Stevens  (Rep.)  of  Pennsylvania 
proposed  that  so  much  of  the  President's  message  as 
relates  to  the  condition  and  treatment  of  the  rebellious 
States  be  referred  to  a  Select  Committee  of  nine. 
Mr.  Davis  (Rep.)  of  Maryland  moved  to  amend  the 
resolution,  so  as  to  appoint  a.  committee  of  nine,  to 
whom  so  much  of  the  President's  message  as  relates 
to  the  duty  of  the  United  States  to  guarantee  a  repub 
lican  form  of  government  to  the  States  shall  be  referred, 
which  shall  report  the  bills  necessary  and  proper  to 
carry  into  execution  that  guaranty.  After  a  brief  de 
bate,  the  amendment  of  Mr.  Davis  was  carried, — yeas 
91,  nays  80;  and  the  Speaker  appointed  as  the  se 
lect  committee  Mr.  Davis  (Rep.)  of  Maryland,  Mr. 
Gooch  (Rep.)  of  Massachusetts,  Mr.  J.  C.  Allen 
(Dem.)  of  Illinois,  Mr.  Ashley  (Rep.)  of  Ohio,  Mr. 
Fenton  (Rep.)  of  New  York,  Mr.  Holman  (Dem.)  of 
Indiana,  Mr.  Smithers  (Rep.)  of  Delaware,  Mr.  Blow 
(Rep.)  of  Missouri,  and  Mr.  English  (Dem.)  of  Con 
necticut. 


340  RECONSTRUCTION    OF   REBEL    STATES. 

On  the  15th  of  February,  Mr.  Davis  reported  a  bill 
to  guarantee  to  certain  States  whose  governments  have 
been  usurped  a  republican  form  of  government ;  which 
was  read  twice,  ordered  to  be  printed,  and  recommitted 
to  the  committee. 

On  the  22d  of  March,  on  motion  of  Mr.  Davis,  the 
House  proceeded  to  the  consideration  of  the  bill  guaran 
teeing  to  certain  States  a  republican  form  of  govern 
ment.  The  bill,  among  other  things,  provided  that  the 
State  constitutional  conventions  to  be  held  shall  incor 
porate  into  the  constitutions  of  the  States  that  invol 
untary  servitude  is  for  ever  prohibited,  and  the  freedom 
of  all  persons  is  guaranteed.  The  bill  also  provided 
that  all  persons  held  to  involuntary  servitude  or  labor 
in  the  rebel  States  are  emancipated  and  discharged,  and 
they  and  their  posterity  shall  be  for  ever  free ;  and,  if 
they  or  their  posterity  shall  be  restrained  of  liberty  un 
der  pretence  of  any  claim  to  such  service  or  labor,  the 
courts  of  the  United  States  shall,  on  habeas  corpus 
discharge  them.  The  bill  also  provided,  that  if  any 
person  declared  free  by  this  act,  or  any  law  of  the 
United  States,  or  any  proclamation  of  the  President, 
be  restrained  of  liberty,  with  intent  to  be  held  in  or 
reduced  to  involuntary  servitude  or  labor,  the  person 
convicted  before  a  court  of  competent  jurisdiction  of 
such  act  shall  be  punished  by  fine  of  not  less  than  fifteen 
hundred  dollars,  and  be  imprisoned  not  less  than  five 
nor  more  than  twenty  years.  Mr.  Davis  addressed  the 
House  eloquently  in  support  of  his  bill.  Mr.  Beaman 
(Rep.)  of  Michigan  earnestly  advocated  the  measure. 
He  closed  his  speech  by  the  emphatic  declaration,  "  By 
no  consent  of  mine  shall  a  single  one  of  the  wayward 


KECONSTHUCTION    OF   KEBEL    STATES.  341 

States  ever  be  permitted  to  participate  in  shaping  the 
destinies  of  this  nation,  until  she  has  by  her  organic  law 
for  ever  prohibited  involuntary  servitude,  except  as  a 
punishment  for  crime,  within  all  her  borders  ;  nor,  while 
I  have  life  and  strength,  will  I  cease  to  urge  by  all  con 
stitutional  means  the  freedom  of  every  inhabitant  of  the 
United  States,  without  regard  to  color  or  race." 

On  the  19th  of  April,, the  House  resumed  the  dis 
cussion  of  the  bill ;  and  Mr.  J.  C.  Allen,  a  member 
of  the  Select  Committee,  addressed  the  House  in  op 
position  to  its  passage.  "  Some  one,"  he  said,  "  had 
suggested,  that,  when  slavery  was  buried,  upon  its 
tombstone  should  be  written,  '  Slavery, — died  of  the 
Rebellion.'  I  warn  gentlemen  to  beware,  lest  beside 
the  grave  of  Slavery  be  found  another  grave  and  another 
tombstone,  whereon  History  will  write, f  Civil  Liberty,  — 
died  of  Revolution.' "  Mr.  Smithers  of  Delaware  made 
an  earnest  and  able  speech  in  advocacy  of  the  measure. 
"  I  do  not,"  he  said,  "  trust  wholly  to  presidential  proc 
lamations.  I  prefer  to  rest  the  security  of  the  Re 
public  upon  the  safer  and  more  irrefragable  basis  of 
Congressional  enactments.  I  would  not  forego  any 
possible  precaution  against  the  recurrence  of  fraternal 
strife.  Homogeneity  of  institutions  is  our  only  safe 
guard ;  universal  freedom,  the  only  possible  solution.'* 
Mr.  Norton  (Rep.)  of  Illinois  spoke  in  favor  of  the 
measure,  and  sharply  criticised  the  speeches  made  in 
favor  of  the  policy  of  peace.  He  was  followed  by  Mr. 
Broomall  (Rep.)  of  Pennsylvania  in  earnest  advocacy 
of  the  bill.  "  Let  us  at  last,"  he  exclaimed,  "  do  justice 
to  our  mother-tongue, — that  in  which  the  great  English 
and  the  greater  American  charter  were  written;  that 

29* 


342  RECONSTRUCTION    OF   REBEL    STATES. 

which,  from  its  infancy,  proclaimed  the  rights  of  men, 
and  denounced  the  crimes  of  tyrants.  Let  us  learn, 
that,  sublime  as  it  is  for  the  utterance  of  grand  truths, 
it  is  no  language  to  lie  in."  Mr.  Scofield  (Rep.)  of 
Pennsylvania  spoke  eloquently  in  favor  of  the  policy 
of  emancipation.  He  thought  we  had  exhausted  "all 
concessions  within  the  range  of  possibility,  which,  if 
made,  would  conciliate  the  slave  power.  Even  James 
Buchanan,  so  gifted  in  abasement,  could  find  nothing 
more  in  the  shape  of  theory  to  give  them,  and  in  its 
stead  tendered  the  low  villany  of  Lecompton."  Mr. 
Dawson  (Dem.)  of  Pennsylvania  opposed  the  enact 
ment  of  the  bill.  Mr.  Williams  (Rep.)  of  Pennsyl 
vania  followed  in  a  speech  of  rare  beauty  and  masterly 
power.  He  paid  a  glowing  tribute  to  New  England 
and  to  Massachusetts.  "Leave  out,"  he  exclaimed, 
"  Massachusetts  in  the  cold  !  What  matters  it  that  no 
tropical  sun  has  fevered  her  Northern  blood  into  the 
delirium  of  treason?  I  know  no  trait  of  tenderness 
more  touching  and  more  human  than  that  with  which 
she  received  back  to  her  arms  the  bodies  of  her  lifeless 
children.  '  Handle  them  tenderly '  was  the  message  of 
her  loyal  governor.  Massachusetts  desired  to  look  once 
more  upon  the  faces  of  her  martyred  sons,  '  marred  as 
they  were  by  traitors.'  She  lifted  gently  the  sable  pall 
that  covered  them.  She  gave  them  a  soldier's  burial 
and  a  soldier's  farewell ;  and  then,  like  David  of  old, 
when  he  was  informed  that  the  child  of  his  affections 
had  ceased  to  live,  she  rose  to  her  feet,  dashed  the  tear 
drop  from  her  eye,  and  in  twenty  days  her  iron-clad 
battalions  were  crowning  the  heights,  and  her  guns 
frowning  destruction  over  the  streets,  of  the  rebel  city. 


RECONSTRUCTION   OF   REBEL    STATES.  343 

Shut  out  Massachusetts  in  the  cold  !  Yes  :  you  may 
blot  her  out  from  the  map  of  the  continent :  you 
may  bring  back  the  glacial  epoch,  when  the  arctic 
ice-drift  that  has  deposited  so  many  monuments  on  her 
soil  swept  over  her  buried  surface,  —  when  the  polar 
bear,  perhaps,  paced  the  driving  floes,  and  the  walrus 
frolicked  among  the  tumbling  icebergs  :  but  you  cannot 
sink  her  deep  enough  to  drown  the  memory  of  Lex 
ington  and  Concord,  or  bury  the  summit  of  the  tall 
column  that  lifts  its  head  over  the  first  of  our  battle 
fields.  f  With  her,'  in  the  language  of  her  great  son, 
f  the  past  at  least  is  secure.'  The  Muse  of  History  has 
flung  her  story  upon  the  world's  canvas  in  tints  that 
will  not  fade,  and  cannot  die."  Mr.  Baldwin  (Dem.) 
of  Michigan  opposed  the  bill  and  the  emancipation 
measures  of  the  Administration.  "  Fanatical  radical 
ism,"  he  declared,"  has  gained  the  ascendency  ;  and  the 
war  for  the  last  eighteen  months  has  been  prosecuted, 
not  for  the  restoration  of  the  Union,  but  for  the  destruc 
tion  of  the  South."  Mr.  Thayer  (Kep.)  of  Pennsyl 
vania  advocated  the  policy  of  taking  security  for  the 
future  peace  of  the  nation.  Mr.  Yeaman  (Union)  of 
Kentucky  did  not  see  our  power  to  legislate  away  the 
laws  and  institutions  of  States.  "  Viewing  the  bill 
from  the  stand-point  of  those  who  desire  universal  abo 
lition,  it  would  seem  to  be  idle  and  premature  legisla 
tion,  because,  without  military  success,  the  law  is  a  dead 
letter ;  and  with  military  success,  under  the  present 
programme,  abolition  is  accomplished  without  the  law." 
Mr.  Longyear  (Kep.)  of  Michigan  spoke  in  favor  of 
the  passage  of  the  bill. 

On  the  2d  of  May,  Mr.  Donnelly  (Rep.)  of  Minne- 


344  RECONSTRUCTION    OF    REBEL    STATES. 

sota  addressed  the  House  in  its  favor.  "I  cannot," 
he  said,  "perceive  the  advantage,  to  any  man,  of  the 
degradation  of  any  other  man  ;  and  I  feel  assured  of 
the  greatness  and  perpetuity  of  my  country,  only  in  so 
far  as  it  identifies  itself  with  the  uninterrupted  progress 
and  the  universal  liberty  of  mankind."  Mr.  Dennison 
(Dem.)  of  Pennsylvania  opposed  the  measure  and  the 
general  policy  of  the  Administration.  Mr.  Stevens 
spoke  in  advocacy  of  the  bill,  and  of  a  radical  antislavery 
policy.  Mr.  Strouse  (Dem.)  of  Pennsylvania  severely 
denounced  -the  policy  of  the  Administration  ;  and  Mr. 
Cravens  (Dem.)  of  Indiana  followed  in  a  general  assault 
upon  the  principles  and  measures  of  the  Administration. 
On  the  3d,  Mr.  Perham  (Rep.)  of  Maine  spoke 
earnestly  for  the  measure,  and  Mr.  Keenan  (Dem.)  of 
New  York  strenuously  opposed  it.  Mr.  Gooch  (Rep.) 
of  Massachusetts  supported,  and  Mr.  Perry  (Dem.)  of 
New  Jersey  opposed,  the  passage  of  the  bill.  Mr. 
Fernando  Wood,  the  leader  of  the  unconditional  peace 
Democrats,  made  an  elaborate  speech  against  it.  "We 
of  this  generation,"  he  said,  "  may  not  be  able  to  esti 
mate  the  full  measure  of  the  misery  that  will  follow  the 
realization  of  the  fantastic  theory,  which,  promising  to 
remove  the  yoke  from  every  shoulder,  will  curse  the 
earth  with  sterility,  and  man  with  vice  and  poverty." 
Mr.  Kelley  (Rep.)  of  Pennsylvania  would  pass  this  bill 
"as  a  means  of  organizing  conquest  and  peace."  The 
debate  was  resumed  by  Mr.  Cox  of  Ohio  on  the  4th. 
"I  ask  for  this  people  justice,"  said  Mr.  Boutwell  (Rep.) 
of  Massachusetts,  "  in  the  presence  of  these  great  events, 
in  this  exigency,  when  the  life  of  the  nation  is  in  peril, 
and  when  every  reflecting  person  must  see  that  the 


RECONSTRUCTION    OF   REBEL    STATES.  345 

cause  of  that  peril  is  in  the  injustice  we  have  done  to 
the  negro  race.  I  ask  that  we  shall  now  do  justice  to 
that  race.  They  are  four  millions.  They  will  remain 
on  this  continent.  They  cannot  be  expatriated.  They 
await  the  order  of  Providence.  Their  home  is  here. 
It  is  our  duty  to  elevate  them,  to  provide  for  their  civ 
ilization,  for  their  enlightenment,  that  they  may  enjoy 
the  fruits  of  their  labor  and  their  capacity."  Mr. 
Pendleton  (Dem.)  of  Ohio  spoke  strongly  against  the 
passage  of  the  bill.  He  declared,  "It  creates  unity  ;  it 
destroys  liberty ;  it  maintains  integrity  of  territory, 
but  destroys  the  rights  of  the  citizen."  Mr.  Davis 
moved  a  substitute  for  the  bill.  Mr.  Ancona  (Dem.) 
of  Pennsylvania  moved  that  the  bill  and  substitute  be 
laid  on  the  table.  The  motion  was  lost.  The  question 
was  taken  on  Mr.  Davis's  substitute ;  and  it  was  adopt 
ed.  Mr.  Cox  demanded  the  yeas  and  nays  on  the  pas 
sage  of  the  bill;  and  they  were  ordered,  —  yeas  73, 
nays  59.  So  Mr.  Davis's  bill  passed  the  House  of 
Representatives . 

In  the  Senate,  the  bill  was  referred  to  the  Committee 
on  Territories,  of  which  Mr.  Wade  was  chairman.  On 
the  27th  of  May,  Mr.  Wade  reported  back  the  bill 
with  amendments.  On  the  1st  of  July,  Mr.  Wade 
moved  to  take  up  the  bill  for  consideration.  Mr.  Lane 
of  Kansas  opposed  the  motion,  and  Mr.  Pomeroy 
advocated  it.  Mr.  Powell  demanded  the  yeas  and 
nays;  and  they  were  ordered, — yeas  20,  nays  11. 
Mr.  Wade  opposed  all  amendments.  Mr.  Lane  of 
Kansas  demanded  the  yeas  and  nays  on  the  amendment 
to  strike  out  the  word  "  white  "  before  the  word  "  male  ;  " 
and  the  question,  being  taken  by  yeas  and  nays,  re- 


346  RECONSTRUCTION    OF    REBEL    STATES. 

suited  —  yeas  5,  nays  24.  Mr.  Brown  (Rep.)  of 
Missouri  moved  to  strike  out  all  after  the  enacting 
clause,  and  insert,  that  when  the  inhabitants  of  any  State 
have  been  declared  in  a  state  of  insurrection  by  the 
proclamation  of  the  President,  by  force  and  virtue  of 
the  act  of  the  13th  of  July,  1861,  they  shall  be  inca 
pable  of  casting  any  vote  for  President,  or  of  electing 
senators  and  representatives  in  Congress.  Mr.  Wade 
expressed  the  hope,  that  the  amendment  would  not  be 
adopted.  Mr.  Carlile  opposed  the  original  bill.  The 
question  being  on  Mr.  Brown's  amendment,  Mr.  Con- 
ness  (Union)  from  California  demanded  the  yeas  and 
nays  ;  and  they  were  ordered,  —  yeas  17,  nays  16  :  so 
Mr.  Brown's  amendment  was  agreed  to.  Mr.  Sumner 
moved  to  amend  the  bill  by  adding,  "  That  the  procla 
mation  of  emancipation  issued  by  the  President  of  the 
United  States  on  the  first  day  of  January,  1863,  so  far 
as  the  same  declares  that  the  slaves  in  certain  designat 
ed  States,  and  portions  of  States,  thenceforward  should 
be  free,  is  hereby  adopted,  and  enacted  as  a  statute  of 
the  United  States,  and  as  a  rule  and  article  for  the 
government  of  the  military  and  naval  forces  thereof." 
Mr.  Hale  opposed  the  amendment  to  Mr.  Brown's  sub 
stitute,  as  he  did  not  wish  it  embarrassed  by  any  other 
question.  Mr.  Sumner  thought  it  impossible  for  any 
person  who  recognizes  the  proclamation  of  emancipa 
tion  to  vote  against  the  amendment.  "I  wish,"  he 
said,  "  to  make  the  present  sure,  and  to  fix  it  for  ever 
more  and  immortal  in  an  act  of  Congress."  Mr. 
Saulsbury  (Dem.)  of  Delaware  declared  that  "an  Ad 
ministration  soon,  thank  God,  will  be  in  power,  which 
will  wipe  out  all  this  species  of  legislation,  and  will  do 


RECONSTRUCTION   OF   REBEL    STATES.  347 

it  without  blood-shedding  too."  Mr.  Brown  was  in 
favor  of  Mr.  Simmer's  amendment  as  an  independent 
proposition,  but  not  on  the  pending  bill.  The  question 
was  taken  on  Mr.  Sumner's  amendment,  —  yeas  11, 
nays  21.  Mr.  Wilson  demanded  the  yeas  and  nays  on 
Mr.  Brown's  amendment ;  and  they  were  ordered,  — 
yeas  20,  nays  13.  The  yeas  and  nays  were  then  taken 
on  the  passage  of  the  bill  as  amended,  — yeas  26,  nays 
3.  Soothe  bill  passed  the  Senate. 

The  House  of  Eepresentatives,  on  motion  of  Mr. 
Davis,  non-concurred  in  the  Senate  amendment,  and 
asked  a  Committee  of  Conference ;  and  Mr.  Davis  of 
Maryland,  Mr.  Ashley  of  Ohio,  and  Mr.  Dawson  of 
Pennsylvania,  were  appointed  conferrees.  The  Senate, 
on  motion  of  Mr.  Wade,  by  a  vote  of  18  yeas  to  14 
nays,  receded  from  Mr.  Brown's  amendment.  Mr.  Da- 
vis's  bill  passed  the  Senate  on  the  2d  of  July,  but  did 
not  receive  the  approval  of  the  President  of  the  United 
States. 


348 


CHAPTER   XIX. 

CONFINEMENT   OF   COLORED   PERSONS  IN  THE  WASH 
INGTON  JAIL. 

MR.  WILSON'S  JOINT  RESOLUTION.  —  REMARKS  OF  MR.  WILSON,  MR.  CLARK, 
MR.  HALE,  MR.  WILSON,  MR.  FESSENDEN,  MR.  SUMNER.  —  MR.  CLARK'S 
RESOLUTION.  —  MR.  GRIMES'S  BILL.  —  REMARKS  OF  MR.  GRIMES.  —  MR. 
POWELL'S  AMENDMENT.  —  REMARKS  OF  MR.  PEARCE,  MR.  POWELL,  MR. 
CARLILE,  MR.  WILSON,  MR.  FESSENDEN,  MR.  LATHAM,  MR.  COWAN.  — 
PASSAGE  OF  THE  BILL.  —  MR.  WILSON'S  BILL.  —  REMARKS  OF  MR.  WIL 
SON.  —  MR.  GRIMES'S  AMENDMENT.  —  REMARKS  OF  MR.  M'DOUGALL, 

MR.    HALE,   MR.   WILSON,   MR.   PEARCE,   MR.    SUMNER.  —  MR.    BINGHAM'S 
BILL. 

IN  the  Senate,  on  the  4th  of  December,  1861,  Mr. 
Wilson  (Rep.)  of  Massachusetts  introduced  a  joint 
resolution,  that  "  all  persons  who  may  have  been  arrest 
ed  as  fugitives  from  service  or  labor,  and  confined  in  the 
county  jail  in  the  District  of  Columbia,  shall  be  dis 
charged  therefrom."  Mr.  Wilson  stated  that  he  had 
"  visited  the  jail,  and  such  a  scene  of  degradation  and 
inhumanity  he  had  never  witnessed.  There  were  per 
sons  almost  entirely  naked;  some  of  them  without  a  shirt. 
Some  of  those  persons  were  free ;  most  of  them  had 
run  away  from  disloyal  masters,  or  had  been  sent  there 
by  disloyal  persons,  for  safe  keeping  until  the  war  is 
over."  He  read  the  report  of  Mr.  Allen,  a  govern 
ment-officer,  in  regard  to  sixty  of  the  persons  confined 
there.  Mr.  Clark  (Rep.)  of  New  Hampshire  heartily 
concurred  in  the  desired  object ;  but  he  thought  the 
names  should  be  put  in  the  resolution. 


CONFINEMENT  OF  COLORED  PERSONS,  ETC.   349 

"I  am  very  glad,"  said  Mr.  Hale  (Eep.)  of  New 
Hampshire,  "that  this  report  has  been  made  and  pre 
sented  here,  because  it  will  help  to  answer  a  question  that 
was  put  to  me  a  great  many  times  long  and  long  ago, — 
what  the  North  had  to  do  with  slavery.  I  think,  when 
the  Northern  States  find  out  that  they  are  supporting 
here  in  jail  the  slaves  of  rebels  who  are  fighting  against 
us ;  that  we  are  keeping  at  the  public  expense  their 
slaves  for  them  until  the  war  is  over, — it  will  have  a 
tendency  to  enlighten  some  minds  in  regard  to  the 
proper  answer  to  that  question.  If  there  be  any  duty 
which  this  Congress  owes  to  humanity  and  to  itself,  it  is 
to  look  into  the  administration  .of  justice  in  this  Dis 
trict,  and  to  see  to  it  that  those  who  have  been  ground 
to  the  earth  heretofore  may  not  be  ground  still  more 
under  your  auspices  and  your  reign."  Mr.  MT>ougall 
(Dem.)  of  California  moved  to  refer  the  joint  resolu 
tion  to  the  Judiciary  Committee.  Mr.  Wilson  was 
willing  his.  resolution  should  go  to  the  Judiciary  Com 
mittee,  or  to  the  Committee  on  the  District  of  Columbia. 
"I  hope,"  he  said,  "that  these  persons  will  be  dis 
charged  as  speedily  as  possible,  and  then  that  a  law  will 
be  passed  punishing  anybody  for  arresting  such  per 
sons  ;  and  that  all  the  laws  in  the  District  of  Columbia, 
oppressive  or  degrading  to  any  portion  of  the  people, 
will  be  wiped  from  the  statute-book,  and  that  all  the 
ordinances  of  the  city  of  that  character  will  be  annulled  ; 
and  then  I  trust  that  judicial  tribunals  will  be  estab 
lished  worthy  of  us,  and  that  a  system  for  selecting 
jurors  will  be  adopted  which  will  secure  the  ends  of 
justice ;  and  then  I  hope  that  slavery  will  be  swept 
away  for  ever  from  the  District,  and  the  national  capi- 

30 


350      CONFINEMENT  OF  COLORED  PERSONS 

tal  freed  from  its  pollution.  The  prison  which  stands 
in  this  city  is  a  burning  shame  and  a  disgrace  to  our 
country ;  and  I  hope  it  will  be  levelled  with  the  dust, 
and  that  a  prison  fit  to  keep  human  beings  in  will  be 
erected.  The  other  day,  the  French  legation  carried  to 
that  prison  gentlemen  who  had  traversed  the  world 
examining  prisons,  —  gentlemen  who  were  investigating 
the  subject  of  prisons,  and  their  construction  and  dis 
cipline.  The  jailer  told  me  yesterday,  that,  after  they 
had  gone  through  this  prison,  they  observed  that  they 
had  never  seen  anywhere  such  a  prison,  with  one 
exception  ;  and  that  was  in  Austria.  If  senators  will 
go  to  the  prison ;  if  they  can  bear  to  go  there,  and 
contemplate  for  a  few  moments  what  their  eyes  will 
look  upon,  — I  think  they  will  then  be  disposed,  at  any 
rate,  to  liberate  those  poor  creatures,  who  are  confined 
there  for  no  offence  whatever,  and  to  construct  a  prison 
worthy  of  a  Christian  people."  Mr.  Fessenden  (Rep.) 
of  Maine  saw  but  one  remedy  ;  and  he  had  .been  hoping 
to  see  the  day  when  Congress  would  "  sweep  all  the 
courts  of  this  District  out  of  existence,  and  remodel  the 
whole  affair.  .  .  .  But  with  reference  to  runaways,  men 
who  have  escaped  from  rebel  masters,  if  the  abuse 
which  has  been  brought  to  our  notice  exists  here,  or 
exists  anywhere,  I  wish  now  to  say  before  the  country, 
—  for  this  matter  has  excited  some  interest,  not  only  in 
our  armies,  but  elsewhere,  —  that  I  am  for  rendering 
the  most  ample  justice  to  them,  whenever  it  can  be 
done  legally  and  constitutionally ;  and  there  are  few 
instances,  I  trust,  in  which  both  these  conditions  will 
not  be  found  to  agree  in  reference  to  that  matter." 
"There  is,"  said  Mr.  Sumner,  "a  black  code  in  this 


IN    THE    WASHINGTON    JAIL.  351 

District,  derived  from  the  old  legislation  of  Maryland, 
which  is  a  shame  to  the  civilization  of  our  age.  If  any 
one  wishes  to  know  why  such  abuses  exist  in  our  prisons 
and  in  our  courts  here  as  have  been  to-day  so  eloquent 
ly  pointed  out,  I  refer  him  to  that  black  code.  You 
will  im£  in  that  black  code  an  apology  for  every  outrage 
that  is  now  complained  of.  If,  therefore,  senators  are 
really  in  earnest ;  if  they  are  determined  that  the  na 
tional  capital  shall  be  purified,  that  the  administration 
of  justice  here  shall  be  worthy  of  a  civilized  community, 
—  they  have  got  to  expunge  that  black  code  from  the 
statute-book  :  but  to  expunge  that  black  code  from  the 
statute-book  is  to  expunge  slavery  itself;  and  that  brings 
us  precisely  to  the  point.  Senators  will  mistake  if  they 
undertake  to  meet  this  question  merely  on  the  threshold, 
merely  at  the  outside.  They  have  got  to  meet  it  in  its 
essence,  in  its  substance.  Why  is  that  prison  such  an 
offensive  place  as  I  know  it  to  be?  —  for  it  has  been 
my  fortune  to  visit  it  repeatedly.  It  is  on  account  of 
slavery  :  it  is  the  black  code  which  prevails  in  this  Dis 
trict.  Why  is  justice  so  offensively  administered  in 
this  District?  It  is  on  account  of  those  brutal  senti 
ments  generated  by  slavery,  sanctioned  by  the  black 
code  which  the  courts  in  this  District  enforce."  Mr. 
M'Dougall,  at  the  suggestion  of  Mr.  Trumbull,  modi 
fied  his  motion  so  as  to  refer  the  joint  resolution  to  the 
Committee  on  the  District  of  Columbia ;  and  it  was  so 
referred. 

On  the  9th,  the  Senate,  on  motion  of  Mr.  Clark, 
adopted  a  resolution ,  "  That  the  Marshal  of  the  District 
of  Columbia  be  directed  to  inform  the  Senate  by  what 
authority  he  receives  slaves  into  the  jail  of  the  District 


352     CONFINEMENT  OF  COLORED  PERSONS 

at  the  request  of  their  masters,  and  holds  them  in  con 
finement  until  discharged  by  their  masters." 

Mr.  Grimes,  on  the  2d  of  January,  1862,  introduced 
a  bill  in  regard  to  the  administration  of  criminal  justice 
in  the  District  of  Columbia.  It  was  referred  to  the  Dis 
trict  Committee,  and  reported  back  by  Mr.  Grimes,  on 
the  6th,  with  amendments.  The  bill  provided  that  all 
persons  not  held  in  final  judgment,  who  were  confined 
prior  to  the  last  term  of  the  criminal  court,  were  to  be 
discharged ;  and  the  judge  of  the  criminal  court  was  to 
cause  an  order  to  be  entered  on  the  records  of  the  court 
before  the  final  adjournment  of  each  term,  requiring  a 
general  delivery  of  all  persons  confined  in  the  jail  before 
the  grand  jury  for  that  term  were  impanelled,  and 
against  whom  no  indictment  was  found  by  them.  "I  am 
not,"  said  Mr.  Grimes,  "very  fresh  in  my  reading  of 
history ;  but,  from  my  recollection  of  the  descriptions 
of  prisons  I  have  read  of,  I  think  that  there  never  was 
a  place  of  confinement  that  would  be  compared  with 
the  Washington  Jail  as  it  was  at  the  commencement  of 
the  present  session,  except  the  French  Bastille  and  the 
dungeons  of  Venice.  When  I  visited  the  jail  the  other 
day,  I  had  hardly  entered  the  threshold  before  a  colored 
boy  stepped  up  to  me,  and  tapped  me  on  the  shoulder. 
He  happened  to  know  who  I  was.  *Said  he,  rl  have 
been  here  a  year  and  four  days.'  I  asked  him  for  what 
offence.  He  said  he  was  confined  as  a  runaway.  I 
asked  him  if  any  one  claimed  him.  '  No.'  — '  Are  you 
a  free  boy  ? '  — '  Yes.'  Turning  around  to  the  jailer,  I 
asked  him  if  that  was  so.  He  said  it  was.  I  asked 
him, '  How  do  you  know  it  to  be  so  ? '  I  found  that  the 
boy  had  been  confined,  not  twelve  months  only,  but 


IN   THE    WASHINGTON   JAIL.  353 

thirteen  months  and  four  days,  merely  on  the  charge  of 
being  a  runaway." 

On  the  14th,  the  Senate  resumed  the  consideration 
of  the  bill ;  the  pending  question  being  on  the  motion 
of  Mr.  Powell  (Dem.)  of  Kentucky  to  amend  the  bill, 
so  as  »not  to  discharge  fugitive  slaves.  Mr.  Grimes 
commented  upon  the  communication  just  received  from 
Ward  H.  Lamon,  the  Marshal  of  the  District,  in  regard 
to  the  rule  he  had  adopted,  excluding  members  of  Con 
gress  from  the  jail  without  a  written  permission  from 
him.  Mr.  Pearce  (Dem.)  of  Maryland  was  opposed 
to  the  enactment  of  the  bill.  "You  cannot,"  he  said, 
"expect  success  in  restoring  the  Union,  if  it  be  known 
that  your  policy  is  one  of  emancipation.  Mr.  Powell 
thought  the  sole  object  of  the  bill  was  the  liberation  of 
fugitive  slaves.  "  The  effect  of  the  bill,"  he  said,  "  clear 
ly  will  be  to  release  every  fugitive  slave  from  jail." 
Mr.  Pomeroy  (Rep.)  of  Kansas,  and  Mr.  Morrill  (Rep.) 
of  Maine,  advocated  the  passage  of  the  measure.  Mr. 
Carlile  (Dem.)  of  Virginia  would  not  vote  for  the  bill : 
but  he  desired  "  to  act  upon  it,  and  get  rid  of  it ;  and 
thus  one  peg,  at  least,  will  be  taken  from  gentlemen, 
upon  which  they  hang  their  sympathetic  speeches  for 
the  negro  race."  Mr.  Morrill  sharply  replied  to  the 
remarks  of  Mr.  Carlile.  Mr.  Wilson  read  a  letter  from 
Dr.  Samuel  G.  Howe  of  Massachusetts,  stating  that 
the  same  atrocities  were  practised  in  the  jail  at  Alexan 
dria.  He  pronounced  the  jail  in  Washington  "a  dis 
honor  and  a  disgrace  to  the  nation,  and  it  should  be  lev 
elled  with  the  dust."  —  "I  have  three  sons  in  the  army, 
out  of  four,"  said  Mr.  Fessenden  ;  "  and  I  never  would 
have  consented  that  one  of  them  should  be  there  if  his 

30* 


CONFINEMENT  OF  COLORED  PERSONS 


life  was  to  be  perilled,  exposed  to  sickness  or  other  dan 
gers,  under  the  authority  of  men  who  ordered  him  to  ar 
rest  fugitive  slaves,  and  return  them  to  their  masters." 
He  denounced  the  return  of  fugitive  slaves  by  officers  of 
the  army  as  "  an  outrage  to  which  he  would  not  submit, 
unless  he  was  compelled  to  submit  to  it."  Mr.  Latham 
(Dem.)  of  California  would  vote  for  the  bill  without 
amendment.  Mr.  Collamer  earnestly  opposed  Mr. 
Powell's  amendment  not  to  discharge  persons  claimed 
as  fugitive  slaves.  He  protested  utterly  against  con 
fining  a  negro  until  an  owner  was  found  for  him.  The 
yeas  and  nays  were  taken  on  Mr.  Powell's  amendment, 
and  it  was  lost,  —  yeas  5,  nays  35.  Mr.  Cowan  (Rep.) 
of  Pennsylvania  inquired  if  there  was  "  any  law  in  the 
District  which  allows  slaves  to  be  impounded  in  the 
common  jail  as  estrays  are  impounded  in  other  coun 
tries."  Mr.  Sumner  replied,  that  "it  was  certainly  the 
practice."  —  "If  it  be  the  law,"  said  Mr.  Cowan,  "I  do 
not  see  in  what  way  this  bill  is  going  to  operate  to 
prevent  it."  Mr.  Clark  moved  to  amend  the  bill,  so 
that  no  person  could  be  committed  without  a  warrant  ; 
and  the  amendment  was  agreed  to.  Mr.  Powell  de 
manded  the  yeas  and  nays  on  the  passage  of  the  bill,  — 
yeas  31,  nays  4.  So  the  bill  passed  the  Senate. 

On  the  12th  of  February,  Mr.  Wilson  introduced  a 
bill  for  the  appointment  of  a  warden  of  the  jail  in  the 
District  of  Columbia,  and  it  was  referred  to  the  Com 
mittee  on  the  District  of  Columbia.  He  said  the  jail 
was  "  under  the  control  of  Mr.  Phillips,  the  Deputy-Mar 
shal  ;  and  under  the  superintendency  of  a  negro  thief  by 
the  name  of  Wise."  This  Wise  had  stolen  a  negro  from 
a  Rhode-Island  regiment  within  a  few  days,  and  had  tied 


IN    THE    WASHINGTON   JAIL.  355 

a  negro,  held  as  a  fugitive  slave,  for  attempting  to  escape 
from  the  jail,  over  a  barrel,  and  "  cobbed  "  him.  "  Now, 
sir,  I  want  it  understood  in  the  Senate  and  in  the  coun 
try,  and  by  the  men  who,  on  their  bended  knees  and  over 
their  Bibles,  prayed,  in  the  year  1860,  for  an  end  to 
these  crimes  against  humanity,  that  this  man  Wise,  this 
negro  thief,  who  is  the  superintendent  of  the  jail,  is 
there  to-day  by  our  votes  and  our  influence,  and  we  are 
responsible  for  it  before  the  nation  and  before  Almighty 
God ;  and,  for  one,  I  wash  my  hands  of  the  crime,  and 
I  denounce  it." 

On  the  13th,  Mr.  Grimes  reported  back  the  bill  with 
an  amendment ;  and,  on  the  14th,  the  Senate  proceeded 
to  its  consideration.  The  committee  proposed  as  an 
amendment  to  strike  out  all  of  the  original  bill,  and 
insert  a  substitute.  Mr.  M'Dougall  opposed  the  pas 
sage  of  the  bill,  and  Mr.  Morrill  and  Mr.  Hale  advo 
cated  it.  Mr.  Wilson  said,  "The  night  after  I  intro 
duced  the  bill,  our  man  Wise,  our  negro  thief,  whom 
we  keep  there,  went  out  into  the  city,  and  stole  a  wo 
man  who  declares  herself  free,  and  her  mother  says 
she  is  free."  Mr.  Pearce  opposed  the  bill.  "I  am 
glad,"  said  Mr.  Sumner,  "  this  subject  has  been  brought 
before  the  Senate.  I  feel  personally  obliged  to  my 
colleague  for  the  way  in  which  he  did  it,  and  also  to  the 
committee  on  the  District  of  Columbia  for  their  prompt 
report  of  the  bill ;  but  I  hope  the  chairman  of  that 
committee  will  pardon  me  if  I  say  that  I  do  not  think 
his  committee  went  far  enough.  He  ought  to  have 
reported  a  bill  to  abolish  the  office  of  marshal.  There 
is  an  old  saying,  that  f  he  gives  twice  who  quickly 
gives  ; '  and  surely  there  is  no  occasion  for  the  applica- 


356      CONFINEMENT  OF  COLORED  PERSONS 

tion  of  that  saying  more  pertinent  than  a  case  of  in 
justice  like  this  :  surely  we  ought  to  be  prompt,  and 
every  moment  of  delay  is  a  shame  upon  us."  The  bill 
was  then  passed  without  a  division. 

In  the  House  of  Representatives,  on  the  9th  of 
December,  1861,  Mr.  Bingham  (Rep.)  introduced  a 
joint  resolution  "  in  regard  to  the  commitment  of 
negroes  to  the  jail  of  the  District  of  Columbia."  The 
resolution  declared  that  all  acts,  and  parts  of  acts,  in 
force  in  the  District  of  Columbia,  which  authorize  the 
commitment,  to  the  jails  of  said  District,  of  persons  as 
runaways,  or  stispected  or  charged  with  being  runa 
ways,  and  all  acts,  and  parts  of  acts,  which  authorize 
the  sale  of  persons  so  committed  for  charges  of  commit 
ment  or  jail  fees,  be,  and  the  same  are,  repealed ;  and 
so  to  commit  or  imprison  or  sell  any  person  for  the 
causes  aforesaid  within  said  District  is  hereby  declared 
a  misdemeanor.  This  joint  resolution  was  referred  to 
the  Judiciary  Committee,  but  no  action  was  taken  upon 
it ;  nor  were  the  bills  relating  to  the  jail  passed  by  the 
House  of  Representatives.  But  the  exposure,  in  Con 
gress,  of  the  shameful  abuses  in  that  prison,  brought 
redress  to  the  victims  of  "  black  codes  "  and  dishonest 
officials.  On  the  25th  of  January,  1862,  the  Hon. 
William  H.  Seward,  Secretary  of  State,  addressed  to 
Marshal  Lamon  the  following  order :  — 

"  The  President  of  the  United  States  being  satisfied  that 
the  following  instructions  contravene  no  law  in  force  in  this 
District,  and  that  they  can  be  executed  without  waiting  for 
legislation  by  Congress,  I  ana  directed  to  convey  them  to  you. 
As  Marshal  of  the  District  of  Columbia,  you  will  not  receive 
into  custody  any  persons  claimed  to  be  held  to  service  or 


IN    THE    WASHINGTON    JAIL.  357 

labor  within  the  District  or  elsewhere,  and  not  charged  with 
any  crime  or  misdemeanor,  unless  upon  arrest  or  commitment 
pursuant  to  law  as  fugitives  from  such  service  or  labor ;  and 
you  will  not  retain  any  such  fugitives  in  custody  beyond  a 
period  of  thirty  days  from  their  arrest  and  commitment,  unless 
by  special  order  of  competent  civil  authority.  You  will 
forthwith  cause  publication  to  be  made  of  this  order;  and, 
at  the  expiration  of  ten  days  therefrom,  you  will  apply  the 
same  to  all  persons  so  claimed  to  be  held  to  service  or  labor, 
and  now  in  your  custody.  This  order  has  no  relation  to  any 
arrests  made  by  military  authority." 


CHAPTER  XX. 

NEGRO    TESTIMONY. 

THE   BILL  TO  ABOLISH   SLAVERY    IN   THE    DISTRICT    OF    COLUMBIA.  —  MR. 
SUMNER'S  AMENDMENT. —  SUPPLEMENTARY  BILL  TO   ABOLISH    SLAVERY 

IN  THE  DISTRICT  OF  COLUMBIA.  —  MR.  SUMNER'S  AMENDMENT.  —  MR. 
SUMNER'S  BILL.  —  MR.  SUMNER'S  AMENDMENT  TO  THE  CIVIL  APPRO 
PRIATION  BILL.  —  REMARKS  OF  MR.  SUMNER,  MR.  SHERMAN.  —  MR. 
BUCKALEW'S  AMENDMENT.  —  REMARKS  OF  MR.  SAULSBURY,  MR.  HOW 
ARD.  —  MK.  SUMNER'S  AMENDMENT  ADOPTED. 

THE  original  bill  for  the  abolition  of  slavery  in 
the  District  of  Columbia,  introduced  by  Mr.  Wil 
son  (Rep.)  of  Massachusetts  on  the  16th  of  December, 
1861,  provided  that  the  claimant  may  be  summoned 
before  the  commissioners,  and  examined  on  oath ;  and 
that  the  party  for  whose  service  compensation  is  claimed 
may  also  be  examined  before  the  commissioners,  and 
may  testify.  This  provision  simply  secured  to  the  per 
son  claimed  to  owe  service  or  labor  the  right  to  testify 
before  the  commissioners. 

Mr.  Sumner  (Rep.)  of  Massachusetts,  on  the  3d  of 
April,  moved  to  amend  the  bill  by  empowering  the 
commissioners  to  take  testimony,  "  without  the  exclu 
sion  of  witnesses  on  account  of  color."  Mr.  Saulsbury 
(Dem.)  of  Delaware  demanded  the  yeas  and  nays  ;  and 
they  were  ordered,  — yeas  26,  nays  10.  This  amend 
ment  empowered  the  commissioners  appointed  to  assess 
the  sum  to  be  paid  for  each  slave  claimed  to  own  ser- 


NEGRO   TESTIMONY.  359 

vice  or  labor ;  to  examine  and  take  the  testimony  in  the 
pending  cases  of  colored  witnesses,  free  or  slave. 

On  the  7th  of  July,  the  Senate  having  under  con 
sideration  Mr.  Wilson's  supplementary  bill  for  the  re 
lease  of  certain  persons  held  to  service  or  labor  in  the 
District  of  Columbia,  Mr.  Sumner  moved  to  add  as  a 
new  section,  "  That,  in  all  the  judicial  proceedings  in  the 
District  of  Columbia,  there  shall  be  no  exclusion  of  any 
witness  on  account  of  color."  Mr.  Powell  (Dem.)  of 
Kentucky  demanded  the  yeas  and  nays  ;  and  they  were 
ordered, — yeas  25,  nays  11. 

In  the  Senate,  on  the  25th  of  June,  1864,  Mr.  Sum 
ner  moved  to  amend  the  third  section  of  the  Civil  Appro 
priation  Bill  by  adding,  "  that,  in  the  courts  of  the 
United  States,  there  shall  be  no  exclusion  of  any  witness 
on  account  of  color."  In  support  of  his  amendment, 
Mr.  Sumner  read  a  note  from  a  member  of  the  Virgi 
nia  Constitutional  Convention,  stating  that,  unless  the 
freedmen  were  allowed  to  give  testimony,  "  their  persons 
and  property  will  be  at  the  mercy  of  every  vagabond 
who  may  happen  to  have  a  black  heart  instead  of  a 
black  skin.  It  is  hard,"  he  said,  "  to  be  obliged  to 
argue  this  question.  I  do  not  argue  it.  I  will  not 
argue  it.  I  simply  ask  for  your  votes.  Surely  Congress 
will  not  adjourn  without  redressing  this  grievance.  The 
king,  in  Magna  Charta,  promised  that  he  would  deny 
justice  to  no  one.  Congress  has  succeeded  to  this 
promise  and  obligation."  Mr.  Sherman  said  he  had  al 
ways  voted,  and  always  should  vote,  to  make  no  distinc 
tion  in  the  color,  condition,  form,  or  nation,  of  a  man  as 
a  witness  ;  "  but  I  beseech  the  senator  from  Massachu 
setts  not  to  load  down  this,  the  last  of  the  appropria- 


360  NEGRO   TESTIMONY. 

tion  bills,  with  amendments  that  are  likely  to  create 
controversy  between  the  two  Houses."  Mr.  Carlile 
would  "  appeal  to  the  senator  from  Massachusetts  to 
withdraw  this  amendment."  He  demanded  the  yeas 
and  nays  upon  it;  and  they  were  ordered.  Mr.  Bucka- 
lew  (Dem.)  of  Pennsylvania  moved  to  add  to  Mr. 
Sumner's  amendment,  "  or  because  he  is  a  party  to  or 
interested  in  the  issue  tried."  Mr.  Sumner  was  in  favor 
of  the  proposition  taken  by  itself,  but  did  not  wish  it 
put  upon  his  amendment.  Mr.  Brown  reminded  Mr. 
Sumner,  that  that  is  just  what  other  -people  said  about 
his  amendment.  Mr.  Sumner  understood  that,  but 
wished  fp  to  secure  this  justice."  Mr.  Buckalew  wished 
"  to  secure  the  additional  justice  provided  for  by  his 
amendment."  Mr.  Saulsbury  did  not  wish  "  to  say  any 
thing  about  the  '  nigger '  aspect  of  the  case.  It  is  here 
every  day  ;  and  I  suppose  it  will  be  here  every  day  for 
years  to  come,  till  the  Democratic  party  comes  into 
power,  and  wipes  out  all  legislation  on  the  statute-book 
of  this  character,  which  I  trust  in  God  they  \vill  soon 
do."  —  "  Is  it  to  be  presumed  at  the  outset,"  said  Mr. 
Howard  (Rep.)  of  Michigan,  "  that,  because  a  man  has 
a  black  skin,  he  either  cannot  or  will  not  tell  the  truth 
in  court?  It  seems  to  me  that  those  persons,  who  object 
to  the  examination  of  black  persons  as  witnesses  on  the 
ground  that  they  are  black,  put  it  upon  this  most  unphi- 
losophical,  and,  I  may  add,  most  inhuman  and  cruel  pre 
sumption,  that  a  negro  either  cannot  or  will  not  tell  the 
truth  in  any  case.  I  shall  be  guilty  of  presuming  no 
such  thing."  Mr.  Wilkinson  (Rep.)  of  Minnesota  sug 
gested  to  Mr.  Buckalew  the  modification  of  his  amend 
ment,  so  as  to  apply  only  to  civil  actions ;  and  he  so 


NEGRO    TESTIMONY.  361 

modified  it.  Mr.  Sumner  hoped  the  amendment  would 
not  be  adopted.  The  vote  was  taken,  and  Mr.  Bucka- 
lew's  amendment  to  Mr.  Sumner's  amendment  was 
agreed  to,  —  ayes  21,  noes  not  counted.  The  question 
being  then  taken  on  the  amendment  as  amended,  it  was 
adopted,  —  yeas  22,  nays  16.  The  Civil  Appropriation 
Bill  was  approved  by  the  President  on  the  2d  of  July, 
1864  :  so  that  no  witness  is  now  excluded  in  the  courts 
of  the  United  States  on  account  of  color. 


31 


3C2 


CHAPTER  XXI. 

THE   COASTWISE   SLAVE-TRADE. 

MR.  SUMNER'S  BILL.  —  MR.  SUMNER'S  AMENDMENT  TO  THE  CIVIL  APPRO 
PRIATION  BILL.  —  REMARKS  OF  MR.  SHERMAN,  MR.  SUMNER,  MR.  JOHN 
SON,  MR.  HENDRICKS,  MR.  COLLAMER,  MR.  JOHNSON,  MR.  SAULSBURY, 
MR.  DOOLITTLE.  —  ADOPTION  OF  MR.  SUMNER'S  AMENDMENT. 

IN  the  Senate,  on  the  23d  of  March,  1864,  Mr.  Sum- 
ner  (Rep.)  of  Massachusetts,  from  the  Select  Commit 
tee  on  Slavery  and  Freedmen,  reported  a  bill  to  prohibit 
commerce  in  slaves  among  the  several  States,  and  the 
holding  or  transportation  of  human  beings  as  property 
in  any  vessel  within  the  jurisdiction  of  the  National 
Government.  The  bill  provided  that  there  shall  be 
no  commerce  in  slaves  among  the  several  States,  by 
land  or  by  water ;  and  any  person  attempting  or  aiding 
to  transport  slaves  as  an  article  of  commerce  from  one 
State  to  another  State,  or  any  person  who  shall  take 
part  in  such  commerce,  either  as  seller,  buyer,  or  agent, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  being 
convicted  thereof,  shall  suffer  imprisonment  for  not 
more  than  five  years,  and  be  fined  not  exceeding  five 
thousand  dollars  ;  and  every  slave  so  treated  as  an  article 
of  commerce  shall  be  free ;  and  no  human  being  shall 
be  held  or  transported  as  property  in  any  vessel  on  the 
high  seas,  or  sailing  coastwise,  or  on  any  navigable  water, 
within  the  jurisdiction  of  the  United  States  ;  and  every 
vessel  violating  the  provisions  of  this  act  shall  be  for- 


THE    COASTWISE    SLAVE-TRADE.  363 

felted  to  the  United  States.    But  this  bill  was  not  taken 
up  for  consideration. 

The  Senate,  on  the  24th  of  June,  proceeded,  as  in 
Committee  of  the  Whole,  to  the  consideration  of 
the  Civil  Appropriation  Bill.  Mr.  Sumner  (Rep.) 
of  Massachusetts  moved  as  an  amendment,  that  sec 
tions  eight  and  nine  of  the  act  entitled  "  An  act  to 
prohibit  the  importation  of  slaves  into  any  port  or 
place  within  the  jurisdiction  of  the  United  States 
from  and  after  the  first  day  of  January,  in  the  year  of 
our  Lord  1808,"  which  said  sections  undertake  to  reg 
ulate  the  coastwise  slave-trade,  are  hereby  repealed. 
Mr.  Sherman  (Rep.)  of  Ohio  would  not  oppose  the 
amendment  on  an  ordinary  bill.  He  had  read  the  two 
sections  referred  to  in  the  amendment,  and  felt  dis 
posed  to  repeal  them ;  but  he  trusted  the  Senate  would 
keep  the  bill  free  from  disputed  political  questions.  Mr. 
Sumner  regretted  the  opposition  of  Mr.  Sherman, 
though  it  was  one  of  form  only.  "  In  moving  it  now," 
he  said,  "  on  an  appropriation  bill,  I  follow  approved  pre 
cedents  :  it  is  in  conformity  with  order  and  with  usage. 
...  I  propose,"  he  said,  "  to  remove  from  the  statute- 
book  odious  provisions  in  support  of  slavery.  Whoever, 
is  in  favor  of  those  provisions,  whoever  is  disposed  to 
keep  alive  the  coastwise  slave-trade,  or  whoever  wishes 
to  recognize  it  in  our  statutes,  will  naturally  vote 
against  my  motion.  And  yet  let  me  say  that  I  am  at 
a  loss  to  understand  how  at  this  moment,  at  this  stage 
of  our  history,  any  senator  can  hesitate  to  unite  with 
me  in  this  work  of  expurgation  and  purification."  Mr. 
Johnson  of  Maryland  contended  that  the  repeal  of  these 
sections  of  the  act  of  1807  would  leave  the  slave-trade 


364  THE    COASTWISE    SLAVE-TRADE. 

open  to  unrestrained  abuses.  Mr.  Sumner  differed 
"  radically  front  the  senator  from  Maryland.  He  is 
always  willing  to  interpret  the  Constitution  for  slavery : 
I  interpret  it  for  freedom.  He  proceeds  as  if  those  old 
days  still  continued,  when  slavery  was  installed  supreme 
over  the  Supreme  Court,  giving  immunity  to  slavery 
everywhere.  The  times  have  changed,  and  the  Supreme 
Court  will  yet  testify  to  the  change.  To  me  it  seems 
clear,  that,  under  the  Constitution  of  the  United  IS  tates, 
no  person  can  be  held  as  a  slave  on  shipboard  within  the 
national  jurisdiction,  and  that  the  national  flag  cannot 
cover  a  slave.  The  senator  thinks  differently,  and  re 
lies  upon  the  Supreme  Court ;  but  I  cannot  doubt  that 
this  regenerated  tribunal  will  yet  speak  for  freedom,  as 
in  times  past  it  has  spoken  for  slavery.  And  I  trust, 
should  my  life  be  spared,  to  see  the  senator  from  Mary 
land,  who  bows  always  to  the  decisions  of  that 
tribunal,  recognize  gladly  the  law  of  freedom  thus 
authoritatively  pronounced." 

Mr.  Hendrick  (Dem.)  of  Indiana  expressed  surprise 
that  any  senator  should  oppose  the  proposition,  as  it 
would  eventually  be  adopted.  He  regretted  to  see  all 
the  laws  made  by  the  fathers  to  carry  out  the  Constitu 
tion  fall,  one  after  another.  Mr.  Sumner  proposed  to 
amend  his  amendment  by  adding  at  the  end,  "and  the 
coastwise  slave-trade  is  prohibited  for  ever."  Mr.  Col- 
lamer  (Rep.)  of  Vermont  asserted,  that,  "if  it  be  true 
that  Congress  can  prohibit  the  carrying  of  slaves  as 
articles  of  commerce  from  one  State  to  another,  they 
can  allow  it  from  one  State  to  another ;  and  the  State 
cannot  prevent  it.  I  say,  if  they  can  prohibit  it  or 
regulate  it,  they  can  allow  it  and  license  it ;  and  no 


THE    COASTWISE    SLAVE-TRADE.  365 

State  can  prevent  it.  ...  In  my  judgment,  all  laws,  I 
do  not  care  when  they  are  attempted  to  be  made  nor 
when  they  were  made,  that  undertake  to  deal  with 
slaves,  who  are  persons  under  the  Constitution  and  our 
laws,  as  articles  of  merchandise  in  any  form,  under  any 
regulations  of  trade  whatever,  are  unconstitutional ; 
and  I  believe  to  make  a  law  now  to  prohibit  the  carry 
ing  of  slaves  from  one  State  to  another  for  sale  is  totally 
unauthorized.  .  .  .  Therefore,  inasmuch  as  the  sections 
of  the  law  to  which  our  attention  is  now  called,  and 
which  it  is  proposed  to  repeal,  are  of  that  character, 
and  attempt  to  deal  with  the  subject  as  of  that  charac 
ter,  I  say,  repeal  them."  Mr.  Johnson  did  not  concur 
in  the  views  expressed  by  Mr.  Collamer ;  and  that 
senator,  on  the  25th,  replied  to  his  criticisms.  Mr. 
Sumner  said,  that,  "  in  view  of  the  minute  and  ample 
legislation  of  Congress  on  the  subject  of  passengers  and 
of  the  coasting-trade,  I  submit  there  can  be  no  question 
that  Congress  can  go  farther,  and,  by  a  final  regulation, 
declare,  that,  in  that  coasting-trade,  there  shall  be  no 
such  thing  as  the  slave-trade."  The  question,  being 
taken  by  yeas  and  nays,  resulted  —  yeas  13,  nays  20. 
So  the  amendment  was  lost  in  Committee  of  the 
Whole. 

After  the  Civil  Appropriation  Bill  was  reported  to  the 
Senate,  Mr.  Sumner  again  moved  as  an  additional  sec 
tion  to  the  bill,  that  sections  eight  and  nine  of  the  act 
entitled  "An  Act  to  prohibit  the  importation  of  slaves 
into  any  port  or  place  within  the  jurisdiction  of  the 
United  States  from  and  after  the  first  day  of  January, 
in  the  year  of  our  Lord  1808,"  which  sections  under 
take  to  regulate  the  coastwise  slave-trade,  are  hereby 

31* 


366  THE    COASTWISE    SLAVE-TRADE. 

repealed,  and  the  coastwise  slave-trade  prohibited  for 
ever.  "  It  seems  to  me,"  he  said,  "  this  Congress  will 
do  wrong,  to  itself,  wrong  to  the  country,  wrong  to 
history,  wrong  to  our  national  cause,  if  it  separates 
without  clearing  the  statute-book  of  every  support  of 
slavery.  Now,  this  is  the  last  support  that  there  is  in 
the  statute-book ;  and  I  entreat  the  Senate  to  remove 
it."  Mr.  Saulsbury  (Dem.)  of  Delaware  moved  the 
indefinite  postponement  of  the  bill ;  and  the  motion 
was  rejected.  Mr.  Doolittle  (Rep.)  of  Wisconsin 
voted  against  the  proposition  ;  but  as  other  amendments 
had  been  put  on  the  bill,  and  he  was  in  favor  of  the 
abolition  of  the  coastwise  slave-trade,  he  should  vote 
for  it.  The  vote  was  then  taken,  and  resulted  —  yeas 
23,  nays  14.  So  the  amendment  was  agreed  to,  and 
the  bill  approved  by  the  President  on  the  2d  of  July, 
1864. 


3G7 


CHAPTER  XXII. 

COLOR    NO    DISQUALIFICATION    FOR    CARRYING    THE 
MAILS. 

MR.  SUMXER'S  BILL.  —  PASSAGE  IN  THE  SENATE.  —  REPORTED  BY  MR. 
COLFAX  IX  THE  HOUSE.  —  REMARKS  OF  MR.  COLFAX.  —  MR.  DA  WES.  — 
MR.  WICKLIFFE. —  BILL  LAID  ON  THE  TABLE.  —  MR.  SUMNER'S  BILL.— 
MR.  COLLAMER'S  AMENDMENT. —  REMARKS  OF  MR.  COLLAMER.  —  MR. 
LAXE  OF  IXDIAXA.  — MR.  LAXE  OF  KAXSAS.  —  MR.  SAULSBURY.  —  MR. 
SUMNER. — MR.  POWELL.  —  MR.  HENDRICKS. — MR.  POWELL'S  AMEND 
MENT. —  REMARKS  OF  MR.  CONNESS.  —  MR.  JOHNSON. 

IN  the  Senate,  on  the  18th  of  March,  1862,  Mr. 
Sumner  (Rep.)  of  Massachusetts  introduced  a 
bill  to  abolish  all  disqualification  of  color  in  carrying 
the  mails  ;  which  was  referred  to  the  Committee  on 
Post-offices  and  Post-roads  ;  and,  on  the  27th,  Mr.  Col- 
lamer  reported  it  back  without  amendment.  The  Senate, 
on  the  llth  of  April,  proceeded  to  consider  the  bill  to 
remove  all  disqualification  of  color  in  carrying  the  mails. 
It  provided,  that,  from  and  after  its  passage,  no  person, 
by  reason  of  color,  should  be  disqualified  from  employ 
ment  in  carrying  the  mails  ;  and  all  acts,  and  parts  of 
acts,  establishing  such  disqualification,  including  es 
pecially  the  seventh  section  of  the  act  of  March  3, 
1825,  are  repealed.  Mr.  Powell  (Dem.)  of  Kentucky 
demanded  the  yeas  and  nays  on  the  passage  of  the  bill ; 
and  they  were  taken,  — yeas  24,  nays  11.  So  the  bill 
passed  the  Senate. 

Mr.  Colfax  (Rep.)  of  Indiana,  on  the  20th  of  May, 


368  COLOR   NO   DISQUALIFICATION 

reported  it  from  the  House  Post-office  Committee,  with 
the  recommendation  that  it  do  not  pass.  He  explained 
the  reasons  for  the  action  of  the  committee.  "It  does 
not,"  he  said,  "  affect  exclusively  the  blacks  of  the  coun 
try.  It  will  throw  open  the  business  of  mail  contracting, 
and  of  thus  becoming  officers  of  the  Post-office  Depart 
ment,  not  only  to  blacks,  but  also  to  the  Indian  tribes, 
civilized  and  uncivilized  ;  and  to  the  Chinese,  who  have 
come  in  such  large  numbers  to  the  Pacific  coast.  .  .  . 
It  would  allow  all  over  the  South  the  employment  by 
the  slaveholder  of  his  slaves  to  carry  the  mail,  and  to 
receive  compensation  for  the  labor  of  such  slaves  out  of 
the  Federal  treasury.  By  the  present  law,  not  a  dollar 
is  ever  paid  out  of  the  post-office  treasury  to  any  slave 
holder  for  the  labor  of  his  slave."  It  was  necessary  to 
have  testimony  to  convict  mail  depredators  ;  "  and  col 
ored  men  were  not  allowed  to  testify  in  the  courts  of 
many  of  the  States."  Mr.  Dawes  (Rep.)  of  Massachu 
setts  inquired  of  Mr.  Colfax  "  whether  he  supposes 
depredators  upon  the  mails  are  tried  in  the  State  courts, 
or  whether  they  are  tried  in  the  United-States  courts ; 
and,  if  the  latter,  whether  he  and  I  do  not  make  the 
laws  of  the  United  States  and  the  courts  of  the  United 
States,  prescribing  who  shall  testify,  and  who  shall  not." 
Mr.  Wickliffe  (Dem.)  of  Kentucky  stated  that  "the 
law  which  this  bill  proposes  to  repeal  was  originally 
enacted  to  exclude  some  men  in  the  South  who  were  in 
the  habit  of  obtaining  mail  contracts,  and  employing 
their  negroes  to  drive  their  stages  and  carry  the  mails." 
Mr.  Colfax  moved  to  lay  the  bill  on  the  table.  Mr. 
Fessenden  (Rep.)  of  Maine  demanded  the  yeas  and 
nays  ;  and  they  were  ordered.  On  the  21st,  the  vote  to 


FOR   CARRYING    THE    MAILS.  369 

lay  the  bill  on  the  table  was  taken,  and  resulted  —  yeas 
82,  nays  45. 

On  the  18th  of  January,  1864,  Mr.  Sumner  intro 
duced  a  bill  to  remove  all  disqualification  of  color  in 
carrying  the  mails  ;  which  was  referred  to  the  Post- 
office  Committee.  Mr.  Collamer,  on  the  llth  of  Feb 
ruary,  reported  it  back  with  an  amendment.  The 
Senate,  on  the  26th,  proceeded  to  its  consideration  ; 
the  question  being  on  the  amendment  reported  by  the 
committee,  to  add,  "that,  in  the  courts  of  the  United 
States,  there  shall  be  no  exclusion  of  any  witness  on 
account  of  color."  Mr.  Collamer  said,  "The  bill  is 
sufficiently  explicit  in  itself ;  but  the  committee  were  of 
the  opinion,  that  if  persons  of  color  were  to  be  em 
ployed,  and  rendered  eligible  to  be  employed,  as  car 
riers  of  the  mail,  by  those  who  have  contracted  to  carry 
it,  and  who  wish  to  employ  them,  it  would  be  unsafe 
to  commit  to  their  hands  the  mail,  when  they  could 
not  themselves  be  witnesses  against  those  who  should 
violate  that  mail,  steal  it,  rob  it,  and  commit  depre 
dations  upon  it."  Mr.  Lane  (Rep.)  of  Indiana  had 
voted,  and  would  vote,  against  the  measure.  "  I  am 
proud,"  said  Mr.  Lane  (Rep.)  of  Kansas,  "that  I 
represent  a  State,  the  people  of  which  have  intelligence 
sufficient  to  sift  all  testimony  presented,  and  justice 
enough  to  receive  the  truth  from  the  lips  of  individuals, 
without  reference  to  color."  Mr.  Saulsbury  (Dem.) 
of  Delaware  declared,  "We  are  legislating  against  rea 
son,  against  our  own  race,  by  such  enactments  as  this." 
Mr.  Sumner  read  a  letter  from  Postmaster-General 
Gideon  Granger  to  Senator  Jackson  of  Georgia,  to 
show  that  the  "  origin  of  the  offensive  legislation  sought 


370  COLOR   NO    DISQUALIFICATION,    ETC. 

to  be  removed  grew  out  of  a  proposition  to  sustain 
slavery."  Mr.  Powell  denounced  the  bill  as  "fanatical 
and  radical  legislation  : "  he  demanded  the  yeas  and 
nays,  and  they  were  ordered.  Mr.  Hendricks  (Dem.) 
of  Indiana  was  not  "  content  to  see  a  law  passed  by 
the  Congress  of  the  United  States,  placing  the  negro 
upon  the  platform  of  equality  with  the  white  race  in 
the  courts  of  the  country,  the  sanctuary  of  our  rights. 
Standing  alone,  the  white  race  has  progressed  for  a 
thousand  years,  without  a  step  backward.  Standing 
alone,  the  negro  race  has  gone  downward  and  down 
ward  for  a  thousand  years."  Mr.  Harlan  (Rep.)  of 
Iowa  inquired  of  Mr.  Hendricks,  "if,  in  his  opinion, 
riding  in  a  public  conveyance  with  another  either  creates 
or  becomes  evidence  of  social  equality  between  the  par 
ties." —  "I  did  not  refer,"  replied  Mr.  Hendricks,  "to 
any  particular  action  of  this  body ;  but  I  referred  to  the 
general  tendency  of  our  proceedings,  giving  nearly  all 
the  time  of  the  Senate  to  the  consideration  of  the  in 
terests  of  the  negro,  but  very  little  of  it  to  the  white 
man."  Mr.  Powell  proposed  to  amend  the  amendment, 
so  that  it  would  only  apply  to  "cases  for  robbing  or 
violating  the  mails."  This  limitation  was  opposed  by 
Mr.  Conness  (Union)  of  California,  whose  purpose 
was  "  to  receive  testimony  and  proof  from  any  source 
that  is  human."  Mr.  Johnson  of  Maryland  regretted 
the  introduction  of  the  measure ;  but,  if  adopted,  he 
trusted  it  would  be  confined  to  free  persons  of  color. 
The  bill  was  not  further  considered,  and  is  pending  in 
the  Senate. 


371 


CHAPTER  XXIII. 

NO  EXCLUSION  FROM  THE  CAKS  ON  ACCOUNT  OF 
COLOR. 

MR.  SUMNER'S  AMENDMENT. —  REMARKS  OF  MR.  SAULSBURY,  MR.  JOHNSON, 
MR.  SUMNER,  MR.  MORRILL.  —  MR.  SUMNER'S  AMENDMENT.  —  REMARKS 
OF  MR.  SHERMAN,  MR.  HENDRICKS,  MR.  WILLEY,  MR.  SUMNER,  MR.  WIL- 
80N,  MR.  TRUMBULL,  MR.  SUMNER,  MR.  WILSON,  MR.  GRIMES,  MR.  POW 
ELL. —  AMENDMENT  AGREED  TO. 

IN  the  Senate,  on  the  27th  of  February,  1863,  Mr. 
Sumner  moved  to  amend  the  House  bill  to  extend 
the  charter  of  the  Washington  and  Alexandria  Rail 
road  Company,  by  adding  to  the  first  section,  "  that  no 
person  shall  be  excluded  from  the  cars  on  account  of 
color."  The  yeas  and  nays  were  ordered ;  and,  being 
taken,  resulted  —  yeas  19,  nays  18.  So  the  amend 
ment  was  agreed  to,  was  concurred  in  by  the  House, 
and  approved  by  the  President  on  the  3d  of  March, 
1863. 

In  the  Senate,  on  the  16th  of  March,  Mr.  Sumner 
proposed  to  amend  the  bill  to  incorporate  the  Metro 
politan  Railroad  Company  by  adding,  "  that  there  shall 
be  no  regulation  excluding  persons  from  any  car  on 
account  of  color."  Mr.  Saulsbury  expressed  his  sur 
prise  that  there  should  be  such  a  strong  disposition 
manifested  on  the  part  of  white  men  and  the  represen 
tatives  of  white  men  to  ride  in  the  cars  with  ne°roes. 

o 

"Has  any  gentleman,  any  man  who  was  born  a  gentle- 


372        NO  EXCLUSION  FROM  THE  CARS 

man,  or  any  man  who  has  the  instincts  of  a  gentleman, 
felt  himself  degraded  by  the  fact  that  he  was  not  hon 
ored  by  a  seat  by  the  side  of  some  free  negro?  Has 
any  lady  in  the  United  States  felt  herself  aggrieved  from 
the  fact  that  she  was  not  honored  with  the  company  of 
Miss  Dinah  or  Miss  Chloe  on  board  these  cars  ?  "  Mr. 
Johnson,  on  the  17th,  maintained,  in  reply  to  Mr.  Sauls- 
bury,  that  colored  persons  had  a  legal  right  to  ride  in 
the  cars ;  and,  if  excluded,  they  had  the  same  rights  as 
white  men  to  appeal  for  redress  to  the  courts :  but 
whether  a  white  man  is  to  ride  in  a  car  with  black 
passengers,  or  whether  a  black  man  is  to  ride  in  a  car 
appropriated  to  white  passengers,  is  a  matter  that  he  did 
not  think  touched  any  of  the  great  issues  now  before  the 
country.  Mr.  Sumner  agreed  with  Mr.  Johnson,  that 
"  colored  people  have  the  legal  right  to  enter  the  cars, 
and  the  proprietors  are  trespassers  when  they  undertake 
to  exclude  them."  Mr.  Carlile  thought  it  better  to 
leave  the  subject  to  the  courts,  that  are  open  alike  to 
the  white  and  the  black  man.  Mr.  Doolittle  thought 
the  amendment  entirely  unnecessary.  Mr.  Morrill 
replied  in  a  speech  of  eloquence  and  power  to  Mr. 
Saulsbury.  In  reply  to  the  remark  of  Mr.  Saulsbury, 
that  this  question  between  the  races  had  better  be  left 
to  the  gentlemanly  instincts  of  the  superior  race  and  to 
the  principles  of  Christianity,  Mr.  Morrill  said,  "  Chris 
tianity  is  an  inspiration  of  love  and  good-will  to 
man, — purifying,  elevating,  emancipating;  not  a  law 
of  force, — binding,  inthralling  :  "  but,  "under  the 
influence  of  the  gentlemanly  instincts  of  the  superior 
race,  slavery  has  come  to  be  cherished,  —  cherished  as  a 
benefaction  to  the  race  ;  cherished  as  a  great  social  good  ; 


ON   ACCOUNT   OF   COLOE.  373 

cherished  as  the  corner-stone  upon  which  you  are  to  rear 
American  institutions, — the  corner-stone  of  civil  and 
religious  liberty"."  The  question  being  taken  on  Mr. 
Sumner's  amendment,  it  was  agreed  to, — yeas  19, 
nays  17.  The  House  concurred,  and  the  President 
approved  the  bill. 

On  the  21st  of  June,  Mr.  Sumner  moved  to  amend 
"  the  bill  to  amend  the  charter  of  the  Washington 
and  Georgetown  Railroad  Company  "  by  adding,  "  that 
there  shall  be  no  exclusion  of  any  person  from  any 
car  on  account  of  color."  Mr.  Sherman  thought  "  the 
amendment  ought  not  to  be  adopted."  Mr.  Hendrick 
opposed  the  amendment,  because  it  tended  to  depreciate 
the  value  of  investments  made  on  the  faith  of  former 
legislation.  Mr.  Willey  would  vote  against  the  amend 
ment.  The  Committee  on  the  District  of  Columbia,  and 
the  Senate,  had  deliberately  decided  that  negroes  "had 
the  same  right  under  the  original  charter  to  go  into  any 
car,  as  white  persons."  —  "I  presume,"  said  Mr.  Sum 
ner,  "  the  senator  will  vote  against  this  proposition  ;  for 
he  would  not  act  naturally  if  he  did  not."  —  "He  can 
ride  with  negroes  if  he  sees  proper,"  replied  Mr.  Willey  ; 
"  so  may  I :  but,  if  I  see  proper  not  to  do  so,  I  shall  fol 
low  my  natural  instincts,  while  he  follows  his."  —  "I 
shall  vote  for  this  amendment,"  said  Mr.  Wilson ;  "  and 
my  own  observation  convinces  me  that  justice,  not  to 
say  decency,  requires  that  I  should  do  so.  Some  weeks 
ago,  I  rode  to  the  capital  in  one  of  these  cars.  On  the 
front  part  of  the  car,  standing  with  the  driver,  were,  I 
think,  five  colored  clergymen  of  the  Methodist-Episcopal 
Church,  dressed  like  gentlemen,  and  behaving  like  gen 
tlemen.  These  clergymen  were  riding  with  the  driver  on 

32 


374  NO   EXCLUSION   FROM   THE    CARS 

the  front  platform ;  and  inside  the  car  were  two  drunken 
loafers,  conducting  and  behaving  themselves  so  badly, 
that  the  conductor  threatened  to  turn  them  out."  Mr. 
Trumbull  denied  that  any  right  would  be  secured  to 
the  colored  man  by  the  amendment.  "This  provision," 
he  said,  "  can  give  no  additional  right  to  the  negro." 
Mr.  Sumner  said,  "I  always  regarded  the  Wilmot  Pro 
viso,  if  the  Constitution  were  properly  interpreted,  sur 
plusage  :  yet  I  never  hesitated,  in  season  and  out  of 
season,  to  vindicate  it ;  and  I  believe  the  senator  never 
hesitated,  in  season  and  out  of  season,  to  do  the  same. 
.  .  .  And,  on  the  same  principle,  I  insist  that  this  proviso 
also  should  be  adopted."-  "The  senator  from  Illinois 
tells  us,"  said  Mr.  Wilson,  "that  the  colored  people 
haye  a  legal  right  to  ride  in  these  cars  now.  We  know 
it ;  nobody  doubts  it :  but  this  company  into  which  we 
breathed  the  breath  of  life  outrages  the  rights  of  twenty- 
five  thousand  colored  people  in  this  District,  in  our  pre 
sence,  in  defiance  of  our  opinions.  They  may  act 
according  to  their  prejudices  ;  and  I  would  not  offend 
their  prejudices,  unless  it  were  necessary  to  protect  the 
rights  of  others.  I  tell  the  senator  from  Illinois,  that  I 
care  far  more  for  the  rights  of  the  humblest  black  child 
that  treads  the  soil  of  the  District  of  Columbia  than  I  do 
for  the  prejudices  of  this  corporation,  and  its  friends  and 
patrons.  The  rights  of  the  humblest  colored  man  in  the 
capital  of  this  Christian  nation  are  dearer  to  me  than  the 
commendations  or  the  thanks  of  all  persons  in  the  city 
of  Washington  who  sanction  this  violation  of  the  rights 
of  a  race.  I  give  this  vote,  not  to  offend  this  corpora 
tion,  not  to  offend  anybody  in  the  District  of  Columbia, 
but  to  protect  the  rights  of  the  poor  and  the  lowly, 


ON    ACCOUNT    OF    COLOR.  375 

trodden  under  the  heel  of  power.  I  trust  we  shall  pro 
tect  rights,  if  we  do  it  over  prejudices  and  over  interests, 
until  every  man  in  this  country  is  fully  protected  in  all 
the  rights  that  belong  to  beings  made  in  the  image  of 
God.  Let  the  free  man  of  this  race  be  permitted  to  run 
the  career  of  life ;  to  make  of  himself  all  that  God  in 
tended  he  should  make,  when  he  breathed  into  him  the 
breath  of  life."  Mr.  Grimes  desired  to  know  if  these 
colored  men  would  not  be  compelled  to  enforce  their 
rights  in  the  courts  if  the  amendment  should  pass,  and 
"the  company  goes  on,  and  does  exactly  what  it  has 
been  doing."  —  "The  company,"  replied  Mr.  Sumner, 
"  will  not  dare  to  continue  this  outrage  in  the  face  and 
eyes  of  a  positive  provision  of  statute."  —  "Poor,  help 
less,  and  despised  inferior  race  of  white  men,"  exclaimed 
Mr.  Saulsbury,  "you  have  very  little  interest  in  this 
Government ;  you  are  not  worth  consideration  in  the 
legislation  of  the  country  :  but  let  your  superior,  Sam 
bo's  interests  come  in  question,  and  you  will  find  the 
most  tender  solicitude  in  his  behalf!  What  a  pity  it  is 
there  is  not  somebody  to  lampblack  white  men,  so  that 
their  rights  could  be  secured."  Mr.  Powell  thought 
the  senator  from  Massachusetts  should,  "the  next  time 
one  of  his  Ethiopian  friends  comes  to  complain  to 
him  on  this  subject  that  he  has  been  wronged  and 
outraged,  volunteer  to  bring  an  action  in  the  courts, 
and  teach  this  heartless  corporation  that  they  must  treat 
these  persons  properly,  and  not  deny  them  any  of  their 
legal  rights.  The  senator  has  indicated  to  his  fanatical 
brethren  —  those  people  who  meet  in  free-love  societies, 
the  old  ladies,  the  sensation  preachers,  and  those  who 
live  on  fanaticism  —  that  he  has  offered  it ;  and  I  see 


376    NO  EXCLUSION  FROM  THE  CARS,  ETC. 

no  reason  why  we  should  take  up  the  time  of  the  Senate 
eternally  with  squabbling  over  the  senator's  amendments 
introducing  the  negro  into  every  wood-pile  that  comes 
along."  Mr.  Sumner  called  for  the  yeas  and  nays  ;  and 
they  were  ordered,  and,  being  taken,  resulted  —  yeas 
14,  nays  16.  The  bill  was  then  reported  to  the  Senate. 
Mr.  Sumner  renewed  his  amendment ;  and  it  was  agreed 
to, — yeas  17,  nays  16.  The  House  concurred  in  the 
amendment  ;  and  the  Washington  and  Georgetown 
Railroad  Company  was  forbidden  to  exclude  persons 
from  their  cars  on  account  of  color. 


377 


CHAPTER  XXIV. 

CONCLUSION. 

THE  annals  of  the  nation  bear  the  amplest  evidence 
that  the  patriots  and  statesmen  who  carried  the 
country  through  the  Revolution  from  colonial  depend 
ence  to  national  independence,  framed  the  Constitution, 
and  inaugurated  the  Federal  Government,  hoped  and 
believed  that  slavery  would  pass  away  at  no  distant 
period  under  the  influences  of  the  institutions  they  had 
founded.  But  those  illustrious  men  tasted  death  with 
out  witnessing  the  realization  of  their  hopes  and  antici 
pations.  The  rapid  development  of  the  resources  of 
the  country  under  the  protection  of  a  stable  govern 
ment,  the  opening-up  of  new  and  rich  lands,*  the  expan 
sion  of  territory,  and  perhaps,  more  than  all,  the 
wonderful  growth  and  importance  of  the  cotton  culture, 
enhanced  the  value  of  labor,  and  increased  many  fold 
the  price  of  slaves.  Under  the  stimulating  influences 
of  an  ever-increasing  pecuniary  interest,  a  political 
power  was  speedily  developed,  which  early  manifested 
itself  in  the  National  Government.  For  nearly  two 
generations,  the  slaveholding  class,  into  whose  power 
the  Government  early  passed,  dictated  the  policy  of  the 
nation.  But  the  Presidential  Election  of  1860  resulted 
in  the  defeat  of  the  slaveholding  class,  and  in  the  success 
of  men  who  religiously  believe  slavery  to  be  a  grievous 
wrong  to  the  slave,  a  blight  upon  the  prosperity,  and  a 

32* 


378  CONCLUSION. 

stain  upon  the  name,  of  the  country.  Defeated  in  its 
aims,  broken  in  its  power,  humiliated  in  its  pride,  the 
slaveholding  class  raised  at  once  the  banners  of  treason. 
Retiring  from  the  chambers  of  Congress,  abandoning 
the  seats  of  power  to  men  who  had  persistently  opposed 
their  aggressive  policy,  they  brought  to  an  abrupt  close 
the  record  of  half  a  century  of  SLAVERY  MEASURES  IN 
CONGRESS.  Then,  when  slavery  legislation  ended, 
antislavery  legislation  began.  A  condensed  summary 
of  the  ANTISLAVERY  MEASURES  IN  CONGRESS,  briefly 
traced  in  the  preceding  pages,  may  perhaps  convey  to 
the  reader  more  distinctly  their  scope  and  magnitude. 

When  the  Rebellion  culminated  in  active  hostilities, 
it  was  seen  that  thousands  of  slaves  were  used  for  mili 
tary  purposes  by  the  rebel  forces.  To  weaken  the 
forces  of  the  Rebellion,  the  37th  Congress  decreed  that 
such  slaves  should  be  for  ever  free. 

As  the  Union^armies  advanced  into  the  rebel  States, 
slaves,  inspired  by  the  hope  of  personal  freedom,  flocked 
to  their  encampments,  claiming  protection  against  rebel 
masters,  and  offering  to  work  and  fight  for  the  flag 
whose  stars  for  the  first  time  gleamed  upon  their  vision 
with  the  radiance  of  liberty.  Rebel  masters  and  rebel 
sympathizing  masters  sought  the  encampments  of  the 
loyal  forces,  demanding  the  surrender  of  the  escaped 
fugitives  ;  and  they  .were  often  delivered  up  by  officers 
of  the  armies.  To  weaken  the  power  of  the  insur 
gents,  to  strengthen  the  loyal  forces,  and  assert  the 
claims  of  humanity,  the  37th  Congress  enacted  an 
article  of  war,  dismissing  from  the  service  officers  guilty 
of  surrendering  these  fugitives. 

Three  thousand  persons  were  held  as  slaves  in  the 


COXCLUSION.  379 

District  of  Columbia,  over  which  the  nation  exercised 
exclusive  jurisdiction  :  the  37th  Congress  made  these 
three  thousand  bondmen  freemen,  and  made  slaveholding 
in  the  capital  of  the  nation  for  evermore  impossible. 

Laws  and  ordinances  existed  in  the  national  capital, 
that  pressed  with  merciless  rigor  upon  the  colored  peo 
ple  :  the  37th  Congress  enacted  that  colored  persons 
should  be  tried  for  the  same  offences,  in  the  same 
manner,  and  be  subject  to  the  same  punishments,  as 
white  persons;  thus  abrogating  the  "black  code." 

Colored  persons  in  the  capital  of  this  Christian  nation 
were  denied  the  right  to  testify  in  the  judicial  tribunals  ; 
thus  placing  their  property,  their  liberties,  and  their 
lives,  in  the  power  of  unjust  and  wicked  men :  the 
37th  Congress  enacted  that  persons  should  not  be 
excluded  as  witnesses  in  the  courts  of  the  District  on 
account  of  color. 

In  the  capital  of  the  nation,  colored  persons  were 
taxed  to  support  schools,  from  which  their  own  children 
were  excluded ;  and  no  public  schools  were  provided 
for  the  instruction  of  more  than  four  thousand  youth  : 
the  38th  Congress  provided  by  law  that  public  schools 
should  be  established  for  colored  children,  and  that  the 
same  rate  of  appropriations  for  colored  schools  should 
be  made  as  are  made  for  schools  for  the  education  of 
white  children. 

The  railways  chartered  by  Congress  excluded  from 
their  cars  colored  persons,  without  the  authority  of 
law  :  Congress  enacted  that  there  should  be  no  exclu 
sion  from  any  car  on  account  of  color. 

Into  the  territories  of  the  United  States,  —  one- 
third  of  the  surface  of  the  country,  —  the  slaveholding 


380  CONCLUSION. 

class  claimed  the  right  to  take  and  hold  their  slaves 
under  the  protection  of  law  :  the  37th  Congress  pro 
hibited  slavery  for  ever  in  all  the  existing  territory,  and 
in  all  territory  which  may  hereafter  be  acquired ;  thus 
stamping  freedom  for  all,  for  ever,  upon  the  public 
domain. 

As  the  war  progressed,  it  became  more  clearly  appar 
ent  that  the  rebels  hoped  to  win  the  Border  slave  States  ; 
that  rebel  sympathizers  in  those  States  hoped  to  join 
the  rebel  States  ;  and  that  emancipation  in  loyal  States 
would  bring  repose  to  them,  and  weaken  the  power 
of  the  Rebellion  :  the  37th  Congress,  on  the  recom 
mendation  of  the  President,  by  the  passage  of  a  joint 
resolution,  pledged  the  faith  of  the  nation  to  aid  loyal 
States  to  emancipate  the  slaves  therein. 

The  hoe  and  spade  of  the  rebel  slave  were  hardly  less 
potent  for  the  Rebellion  than  the  rifle  and  bayonet  of 
the  rebel  soldier.  Slaves  sowed  and  reaped  for  the 
rebels,  enabling  the  rebel  leaders  to  fill  the  wasting 
ranks  of  their  armies,  and  feed  them.  To  weaken  the 
military  forces  and  the  power  of  the  Rebellion,  the 
37th  Congress  decreed  that  all  slaves  of  persons  giving 
aid  and  comfort  to  the  Rebellion,  escaping  from  such 
persons,  and  taking  refuge  within  the  lines  of  the 
army  ;  all  slaves  captured  from  such  persons,  or  de 
serted  by  them;  all  slaves  of  such  persons,  being 
within  any  place  occupied  by  rebel  forces,  and  after 
wards  occupied  by  the  forces  of  the  United  States, — 
shall  be  captives  of  war,  and  shall  be  for  ever  free  of 
their  servitude,  and  not  again  held  as  slaves. 

The  provisions  of  the  Fugitive-slave  Act  permitted 
disloyal  masters  to  claim,  and  they  did  claim,  the  return 


CONCLUSION.  381 

of  their  fugitive  bondmen  :  the  37th  Congress  enacted 
that  no  fugitive  should  be  surrendered  until  the  claimant 
made  oath  that  he  had  not  given  aid  and  comfort  to  the 
Rebellion. 

The  progress  of  the  Rebellion  demonstrated  its  power, 
and  the  needs  of  the  imperilled  nation.  To  strengthen 
the  physical  forces  of  the  United  States,  the  37th 
Congress  authorized  the  President  to  receive  into  the 
military  service  persons  of  African  descent ;  and  every 
such  person  mustered  into  the  service,  his  mother, 
his  wife  and  children,  owing  service  or  labor  to  any 
person  who  should  give  aid  and  comfort  to  the  Rebel 
lion,  was  made  for  ever  free. 

The  African  slave-trade  had  been  carried  on  by  slave 
pirates  under  the  protection  of  the  flag  of  the  United 
States.  To  extirpate  from  the  seas  that  inhuman  traffic, 
and  to  vindicate  the  sullied  honor  of  the  nation,  the 
Administration  early  entered  into  treaty  stipulations 
with  the  British  Government  for  the  mutual  right  of 
search  within  certain  limits  ;  and  the  37th  Congress 
hastened  to  enact  the  appropriate  legislation  to  carry 
the  treaty  into  effect. 

The  slaveholding  class,  in  the  pride  of  power,  per 
sistently  refused  to  recognize  the  independence  of  Hayti 
and  Liberia ;  thus  dealing  unjustly  towards  those  na 
tions,  to  the  detriment  of  the  commercial  interests  of 
the  country :  the  37th  Congress  recognized  the  inde 
pendence  of  those  republics  by  authorizing  the  President 
to  establish  diplomatic  relations  with  them. 

By  the  provisions  of  law,  white  male  citizens  alone 
were  enrolled  in  the  militia.  In  the  amendment  to  the 
acts  for  calling  out  the  militia,  the  37th  Congress  pro- 


382  CONCLUSION. 

vided  for  the  enrolment  and  drafting  of  citizens,  without 
regard  to  color ;  and,  by  the  Enrolment  Act,  colored 
persons,  free  or  slave,  are  enrolled  and  drafted  the  same 
as  white  men.  The  38th  Congress  enacted  that  colored 
soldiers  shall  have  the  same  pay,  clothing,  and  rations, 
and  be  placed  in  all  respects  upon  the  same  footing, 
as  white  soldiers.  To  encourage  enlistments,  and  to 
aid  emancipation,  the  38th  Congress  decreed  that  every 
slave  mustered  into  the  military  service  shall  be  free 
for  ever ;  thus  enabling  every  slave  fit  for  military  ser 
vice  to  secure  personal  freedom. 

By  the  provisions  of  the  fugitive-slave  acts,  slave- 
masters  could  hunt  their  absconding  bondmen,  require 
the  people  to  aid  in  their  recapture,  and  have  them 
returned  at  the  expense  of  the  nation.  The  38th  Con 
gress  erased  all  fugitive-slave  acts  from  the  statutes  of 
the  Republic. 

The  law  of  1807  legalized  the  coastwise  slave-trade  : 
the  38th  Congress  repealed  that  act,  and  made  the 
trade  illegal. 

The  courts  of  the  United  States  receive  such  testi 
mony  as  is  permitted  in  the  States  where  the  courts  are 
holden.  Several  of  the  States  exclude  the  testimony 
of  colored  persons.  The  38th  Congress  made  it  legal 
for  colored  persons  to  testify  in  all  the  courts  of  the 
United  States. 

Different  views  are  entertained  by  public  men  rela 
tive  to  the  reconstruction  of  the  governments  of  the 
seceded  States,  and  the  validity  of  the  President's 
proclamation  of  emancipation.  The  38th  Congress 
passed  a  bill  providing  for  the  reconstruction  of  the 
governments  of  the  rebel  States,  and  for  the  emanci- 


CONCLUSION.  383 

pation  of  the  slaves  in  those  States ;  but  it  did  not 
receive  the  approval  of  the  President. 

By  the  provisions  of  law,  colored  men  are  not  per 
mitted  to  carry  the  mails ;  there  is  pending  in  the 
Senate  a  bill  introduced  by  Mr.  Sumner,  and  reported 
by  Mr.  Collamer,  to  repeal  the  law,  and  make  it  legal 
to  allow  colored  men  to  carry  the  mails  of  the  United 
States. 

The  wives  and  children  of  colored  soldiers  may  be 
held  as  slaves,  and  sold,  while  they  are  absent  fight 
ing  the  battles  of  the  country ;  there  is  pending  in  the 
Senate  a  joint  resolution,  introduced  by  Mr.  Wilson, 
and  reported  by  him  from  the  Committee  on  Military 
Affairs,  to  make  free  the  wives  and  children  of  colored 
soldiers. 

There  is  pending,  in  the  House  of  Representatives, 
Mr.  Eliot's  bill  to  establish  a  Freedmen's  Bureau ; 
which  passed  the  House,  and  was  amended  in  the  Sen 
ate  by  the  adoption  of  Mr.  Sumner's  substitute. 

There  is  also  pending,  in  the  House,  Mr.  Ashley's 
motion  to  reconsider  the  vote  rejecting  the  Senate  joint 
resolution,  submitting  to  the  people  an  amendment  to 
the  Constitution,  prohibiting  slavery  in  the  United 
States. 

Such  are  the  "  ANTISLAVERY  MEASURES  "  considered 
by  the  Thirty-seventh  and  Thirty-eighth  Congresses 
during  the  past  three  crowded  years.  But,  while 
Congress  has  been  engaged  in  this  antislavery  legisla 
tion,  other  agencies  have  been  working  to  the  consum 
mation  of  the  same  end.  The  new  State  of  West 
Virginia  has  adopted  a  system  of  gradual  emancipation. 
Missouri  has  followed  in  the  adoption  of  a  gradual  sys- 


384  CONCLUSION. 

tern,  which  will  doubtless  be  speedily  changed  to  a 
plan  of  immediate  emancipation.  A  Constitutional 
Convention  in  Maryland  has  just  framed  a  free  Con 
stitution,  which  will  doubtless  be  accepted  by  her  peo 
ple.  Delaware  is  preparing  to  adopt  emancipation ; 
and  an  emancipation  party  is  rapidly  rising  in  Ken 
tucky.  The  rebel  States  of  Arkansas  and  Louisiana 
have,  by  the  action  of  their  loyal  men,  framed  and 
adopted  free  State  constitutions.  The  loyal  men  of 
Tennessee  are  taking  steps  to  call  a  Constitutional 
Convention,  with  a  view  of  placing  that  State  in  the 
list  of  free  commonwealths.  Attorney-General  Bates 
officially  pronounces  the  negro  a  citizen  of  the  United 
States.  The  colored  man  now  travels  the  world  over, 
bearing  the  passport  of  Secretary  Seward  that  he  is  a 
citizen  of  the  United  States.  The  President  of  the 
United  States  has,  by  proclamation,  declared  hence 
forward  and  for  ever  free  more  than  three  millions 
of  slaves  in  the  rebel  States.  Christian  men  and 
women  are  following  the  loyal  armies  with  the  agencies 
of  mental  and  moral  instruction,  to  fit  and  prepare  the 
enfranchised  freedmen  for  the  duties  of  the  higher 
condition  of  life  opening  before  them. 


THE    END. 


Boston :  Printed  by  John  Wilson  and  Son. 


THE  DANGER  OF  SLAVERY,  AND  THE  SAFETY   OF 
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By  a  Native  of  Virginia  (Rev.  M.  D.  CON  WAY). 
16mo.     75  cents. 


WISE,     «fc     CO.,     Publishers, 

245,  Washington   Street,    Boston. 


<7o£or  Guard;  being  a  Corporal's  Notes  of 
Military  Service  in  the  Nineteenth  Army  Corps.     By  Rev. 
J.  K.  HOSMER,  who  volunteered  as  Private  in  the  Fifty-second 
Massachusetts,  and  went  through  the  campaign.   12mo.  $1.50. 
It  is  undoubtedly  the  most  piquant  and  readable  sketch  ever  made  of 
the  interior  life  of  a  great  army  in  active  service,  and  made  from  the  inside, 
bv  a  hand  entirely  competent. 

"His  story,"  says  the  Daily  Advertiser,  "  is  written  m  a  delightfully 
eriphic  epistolary  style,  and  is  really  one  of  the  most  sterling  books  that 
the  war  has  called  into  existence.  It  will  be  read  with  great  interest  by 
soldiers  everywhere,  and  by  civilians  with  equal  interest.  It  forms  the 
counterpart  of  DANA'S  *  Two  Years  before  the  Mast,'  and  ought  to  become 

Everybody  should  send  a  copy  to  some  soldier  in  camp  or  hospital. 
No  gift  can  be  more  acceptable. 

The  Whip,  Hoe,  and   Sword;   or,  The  Gulf 

Department  in '63.  By  Rev.  GEO.  H.  HEPWORTH.  12mo.  $1.50. 

Mr  HEPWORTH  went  out  to  New  Orleans  as  Chaplain  of  the  47th 
Massachusetts,  but  was  subsequently  commissioned  by  General  BANKS  ai 
First  Lieutenant  in  the  Fourth  Louisiana  Native  Guards  (colored).  He  was 
detailed  to  superintend  the  plantations ;  and  this  volume  is  the  result  of  li 
experience  more  particularly  in  that  department  of  duty.  It  throws  a  flood 
of  li«ht  upon  the  vexed  question  of  paid  labor  upon  the  plantations,  and 
abounds  with  interesting  facts,  anecdotes,  and  sketches  of  Southern  life  and 
character. 

Chaplain  Fuller;  being  a  Life-Sketch  of  a  New- 
England  Clergyman  and  an  Army  Chaplain.  12mo.  Portrait. 
Price  $1.50. 

This  volume  has  a  wide  interest  from  the  graphic  picture  of  CAMP  ANE 
FIELD  LIFE  which  it  presents,  and  the  vast  amount  of  important  informa 
tion  on  the  subject  of  the  conduct  and  progress  of  the  war  not  elsewhere 

taThe  narrative  of  the  remarkable  duel  between  the  MERRIMACK  and  th( 
MONITOR  is  the  only  full  account  in  print  from  the  pen  of  an  actual  eye 
witness  of  the  whole  affair. 

The  New  -  York  Tribune  devotes  three  and  a  half  columns  to  a  favorabk 

!V1(The  Methodist  pronounces  Mr.  Fuller  "  a  model  army  chaplain,"  am 
adds,  "  He  was  one  whose  qualities  it  is  good  to  commemorate;  who  in  hi 
home  and  public  life  afforded  constant  examples  of  genial  virtue  and  of  e; 
nest  piety  well  worthy  of  the  imitation  of  young  Americans.     The  biogra 
phy  of  a  such  a  man  is  always  a  desirable  gift  to  the  reading  public. 


All  these  Books  SENT  FREE  BY  MAIL  on  receipt  of  the  price 

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